RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070006299 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to add his Ranger Training, Infantry Noncommissioned Officer Candidate Course, and his award of the Expert Infantryman Badge.

2.  The applicant states that these errors in his records were due to oversight by the preparer.  

3.  The applicant provides copies of his DD Form 214, and training certificates for the Ranger Course and Infantry Noncommissioned Officer Candidate Course.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 6 October 1967, the applicant was inducted into the Army of the United States for 2 years beginning in the rank of private, pay grade E1.  He completed his initial training and was awarded military occupational specialty (MOS) 11B1O (Light Weapons Infantryman).

3.  On 8 March 1968, the applicant was reassigned to the 76th Company, The Student Brigade, Fort Benning, Georgia, for attendance at the Infantry Noncommissioned Officer Candidate Course.  He successfully completed this course on 18 June 1968.

4.  On 25 March 1968, the applicant was promoted to the rank of corporal, pay grade E4.

5.  On 18 June 1968, the applicant was promoted to the rank of sergeant, pay grade E5.
6.  On 18 June 1968, the applicant was enrolled in the Ranger Course at Fort Benning, Georgia.  He successfully completed this course on 27 August 1968.

7.  On 28 August 1968, the applicant was promoted to the rank of staff sergeant, pay grade E6.

8.  On 30 August 1968, the applicant was enrolled in the Basic Airborne Course.  He successfully completed this course on 20 September 1968. 

9.  On 24 September 1968, the applicant was assigned for duty as an instructor with the 3rd Ranger Company, The School Brigade, Fort Benning, Georgia.

10.  On 3 October 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of staff sergeant, pay grade E6, and had completed 
1 year, 11 months, and 28 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  It does not show award of the Expert Infantryman Badge or the Ranger Tab.

12.  Item 25 (Education and Training Completed) of the applicant’s DD Form 214 lists the Basic Airborne Course.  It does not show the Infantry Noncommissioned Officer Candidate Course or the Ranger Course.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, in pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

16.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth the requirements for award of the Ranger Tab.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command. 
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly and convincingly shows that the applicant completed the Infantry Noncommissioned Officer Candidate Course.  Therefore, his DD Form 214 should be corrected to show this leadership course.

2.  The evidence clearly and convincingly shows that the applicant completed the Ranger Course.  Therefore, his DD Form 214 should be corrected to show this training and the award of the Ranger Tab.

3.  The evidence clearly shows that the applicant held the requisite infantry MOS for award of the Expert Infantryman Badge.   However, there is no evidence showing that he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.   Therefore, the applicant’s request for award of the Expert Infantryman Badge should not be granted.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__AMC__  __JCR_ _  __LMD __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal for the period from 
6 October 1967 to 3 October 1969;

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal and Ranger Tab; and

c.  showing that, in addition to the training shown on his DD Form 214, his training includes completion of the 13-weeks Infantry Noncommissioned Officer Candidate Course in June 1968 and the 10-weeks Ranger Course in August 1968.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Expert Infantryman Badge.




_  _ Ann M. Campbell _____
          CHAIRPERSON




INDEX

CASE ID
AR20070006299
SUFFIX

RECON
 
DATE BOARDED
20071002 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.
100
3.

4.

5.

6.