RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070007187 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau 

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, in effect, award of the Expert Infantry Badge [correctly known as the Expert Infantryman Badge].  

2.  The applicant states that he received a letter from the Army Board for Correction of Military Records, Army Review Boards Agency Support Division, St. Louis, Missouri, AR20070002667, dated 24 April 2007.  The letter shows that his records were administratively corrected to show he was awarded the Good Conduct Medal as requested.  

3.  The applicant continues that he would like to be considered for the Expert Infantryman Badge based on the following qualifications summary: his basic and advanced infantry training, excellent conduct, training in all sorts of infantry weapons, 1-year and 11 months overseas service, driving skills, receipt of physical fitness awards, leadership assignments, and limited illness and injures. 

4.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 17 August 1961, and Special Orders Number 48, dated 9 March 1960, in support of this application.

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.  The applicant enlisted in the Regular Army on 18 August 1958.  After completion of basic and advanced individual training, he was awarded military occupational specialty 112.00 (Heavy Weapons Infantryman).  



3.  The applicant's DD Form 214 shows that on 17 August 1961, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  The highest rank the applicant attained while serving on active duty was specialist four/pay grade E-4.  

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the entry "None."  There are no orders in the applicant's service personnel records which show that he was awarded the Expert Infantryman Badge.  

5.  The applicant's DD Form 215 (Correction to DD Form 214) shows that item 26 of the applicant’s DD Form 214, issued on 17 August 1961 was corrected to show award of the “Good Conduct Medal//National Defense Service Medal//
Sharpshooter Qualification Badge w/Rifle Bar// Marksman Qualification Badge w/Pistol Bar//Nothing Follows."  

6.  Neither does the DD Form 214 nor the DD Form 215 show award of the Expert Infantryman Badge.

7.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 24 (Service Record) is blank. 

8.  The applicant provided a copy of Headquarters, 1st Battle Group, 18th Infantry Special Orders Number 48, dated 9 March 1960, acknowledging the applicant successfully completed the qualifications course for award of the 106 Recoilless Rifle basic qualification badge and/or appropriate bar on 28 February 1960.  

9.  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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Expert Infantryman Badge.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was awarded the Expert Infantryman Badge.  

3.  There is no evidence which shows the applicant satisfactorily completed the prescribed proficiency tests for award of the Expert Infantryman Badge while he was assigned or attached to an infantry unit of at least battalion size while he was serving in an active Army status.  In view of these facts, there is an insufficient basis for award of the Expert Infantryman Badge.

4.  The applicant's personnel records show that he was awarded the 106 Recoilless Rifle basic qualification badge and/or appropriate bar on 28 February 1960.  This award was omitted from his DD Form 214.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ENA___  __DLL___  _RMN___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Expert Infantryman Badge on his DD Form 214. 
2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the 106 Recoilless Rifle basic qualification badge and/or appropriate bar.




__Eric N. Andersen___
          CHAIRPERSON




INDEX

CASE ID
AR20060005473
SUFFIX

RECON

DATE BOARDED
20061219
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1967/07/24
DISCHARGE AUTHORITY
AR635-200 
DISCHARGE REASON
SEC VIII CH 5 OSRET (RAD)
BOARD DECISION
DENY with a Admin Note
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.