RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014104 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Carmen Duncan

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 award of the Expert Infantryman Badge. 

2.  The applicant states that he earned the Expert Infantryman Badge while serving with Company D, 7th Infantry Regiment.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  WD AGO Form 53 (Enlisted Record and Report of Separation Certificate of Service), dated 7 September 1949.

	b.  DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 13 June 1952. 

	c.  Self-authored letter, dated 10 October 2007.

	d.  Certificate of Service/Reference Letter, dated 3 April 2007, from the applicant’s company commander from September 1948 to September 1949.

	e.  Certificate of Service/Reference Letter, dated 12 February 2007, from the applicant’s platoon leader in 1948.

	f.  Certificate of Service/reference Letter, dated 19 February 2007, from the applicant’s section sergeant from 1948 to 1950.

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53 shows he enlisted into the Army of the United States and entered active duty in the Infantry Arm of Service on
8 September 1948.  This form also shows that he was assigned Company D, 7th Infantry Regiment, Fort Devens, Massachusetts.  The highest grade held during this period of service was private first class (Grade 3).  He was honorably released from active duty and transferred to the Enlisted Reserve Corps (ERC) on 7 September 1949.

4.  Item 31 (Military Qualification and Date) of his WD AGO Form 53 contains the entry “None.”  Item 33 (Decorations and Citations) contains the entry “None.”

5.  The applicant’s DD Form 214 shows that he was called from inactive duty on 14 August 1950 in military occupational specialty (MOS) 3103 (Laundry and Dry Cleaning Specialist).  He attained the grade of corporal and was assigned to the 24th Quartermaster Company, 24th Infantry Division.  He was honorably discharged on 13 June 1952.

6.  Item 27 (Decorations, Medals, Commendations, Citations and campaign Ribbon Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Army of Occupation Medal with Japan Clasp.  Item 27 does not list award of the Expert Infantryman Badge.  

7.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows that he completed 8 months and 27 days of foreign service in Korea (the 24th Quartermaster Company served in Korea from 1950 to 1953).

8.  In his self-authored statement, dated 10 October 2007, the applicant restates his request for award of the Expert Infantryman Badge.  He lists his periods of service and units of assignment as well as his service in Korea, and concludes that he considers the Expert Infantryman Badge test the most difficult in the Army and that he passed it which made him qualified for award of this badge.  

9.  In a statement dated 19 February 2007, the applicant’s platoon sergeant at the time (now a retired master sergeant), 2nd Platoon, Company D, 7th Infantry Regiment, 3rd Infantry Division, states that to the best of his knowledge, the applicant was one of several outstanding platoon Soldiers who took the Expert Infantryman Badge test on a cold day and passed every part of the test.

10.  In a statement dated 12 February 2007, the applicant’s platoon leader at the time (now a retired colonel), Company D, 7th Infantry Regiment, 3rd Infantry Division, states that to the best of his knowledge, the applicant took the vigorous Expert Infantryman Badge test around November 1948, passed every part of the test, and was awarded the badge.

11.  In a statement dated 3 April 2007, the applicant’s company commander at the time (now a retired colonel), Company D, 7th Infantry Regiment, 3rd Infantry Division, states that he commanded 200 Soldiers who underwent training with pride, vigor, enthusiasm, and joy.  He considers the applicant the finest of the fine and further states to the best of his knowledge that the applicant passed the Expert Infantryman Badge test and was awarded the badge. 

12.  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.

13.  The applicant's available record shows that he is entitled to additional awards that are not listed on his DD Form 214.

14.  Although the applicant's records are not available to show his conduct and efficiency, given that he was promoted to the temporary rank of corporal, we can presume that he was an efficient Soldier with excellent conduct.

15.  Army Regulation 672-5-1 (Military Awards) in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency 
ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not 
disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

16.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

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

2.  The statements submitted by the applicant’s former company commander, platoon leader, and sergeant were noted.  However, witness statements alone are insufficient to show entitlement to award of the Expert Infantryman Badge.  

3.  There are no special or general orders that show the applicant was awarded the Expert Infantryman Badge.  There is no evidence in the available records that shows the applicant completed a testing phase which is the culmination of weeks of training, leading to a final evaluation period (such as an EIB qualification scorecard).  His WD AGO Form 53 does not show his weapon marksmanship qualification (part of the Expert Infantryman Badge test).  Additionally, there is no evidence the applicant held an infantry or special forces MOS, which was then and now a prerequisite for award of the Expert Infantryman Badge.  There is simply insufficient evidence upon which to base award of the Expert Infantryman Badge in this case.

4.  Evidence of record confirms that the applicant served honorably during the period 14 August 1950 through 13 June 1952.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to 
award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

5.  The applicant's record shows he served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show this award

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jtm___  __cd____  __rmn___  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 August 1950 to 13 June 1952; and

	b.  showing award of the Good Conduct Medal (1st Award) and the Republic of Korea War Service Medal.  

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.



							John T. Meixell
	______________________
          		CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.