IN THE CASE OF:	

	BOARD DATE:	  22 July 2008

	DOCKET NUMBER:  AR20080000871 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was awarded the Expert Infantryman Badge (EIB), that he completed a portion of the Special Forces Qualification course, his entire primary military occupational specialty code (MOSC), and that he was an Expert Infantryman Course Instructor.

2.  The applicant states, in effect, that he was awarded the EIB in 1985, but it is not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he completed the first phase of the Special Forces Qualification course in the Fall of 1983.  The applicant continues that he was an Expert Infantryman Course Instructor.  He further states that his entire MOSC at the time of his separation was 11B2P.  The applicant concludes that he served his country honorably, is proud of his service, and desires to have his record properly reflect his accomplishments.

3.  The applicant provides no additional documentary evidence 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's record shows that he enlisted into the Army Delayed Entry Program on 7 July 1982 and entered active duty on 26 October 1982.  Upon completion of one station unit training, he was awarded the military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained while serving on active duty was sergeant (SGT)/pay grade E-5.  Upon completion of his service obligation, the applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Reinforcement) effective 25 October 1986.

3.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the EIB.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the EIB.

5.  There are no indications in the applicant's service personnel records which show that he was awarded the EIB.

6.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of the applicant's DD Form 214 shows "11B Infantryman 3 years 8 months."

7.  The record shows the applicant completed basic airborne training and was awarded the MOS Special Qualification Identifier (SQI) of P (Parachutist) in 1983.  This action resulted in converting the applicant's MOSC from 11B1O to 11B1P.  Headquarters, 82d Airborne Division, Fort Bragg, North Carolina, Orders 120-49, dated 27 June 1986, awarded the applicant MOS 11B2P upon promotion to the rank of SGT.

8.  Item 4 (Assignment Considerations) of the applicant's DA Form 2-1 shows that he was a temporary medical terminee (sic) from the Special Forces Qualification Course as of 6 February 1984.

9.  Item 17 (Civilian Education and Military Schools) does not show the applicant successfully completed the Special Forces Qualification Course in 1984.

10.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 does not show his principal duty as an Expert Infantryman Course Instructor at any time.  There are no indications in the applicant's service personnel records which show that he was an Expert Infantryman Course Instructor at any time.

11.  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.

12.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  Paragraph 2-4, in pertinent part, provides for completion of the DD Form 214.  When completing Item 11, the preparer should enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served, excluding initial entry training.  For an enlisted Soldier, the preparer should specify the first 5 characters of the MOSC, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the SQI, if applicable.  Enter "O" when applicable.

13.  Paragraph 2-4 of Army Regulation 635-5, in pertinent part, provides that when completing Item 13 of DD Form 214, the preparer should list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

14.  Paragraph 2-4 of Army Regulation 635-5, in pertinent part, provides that when completing Item 14 of DD Form 214, the preparer should list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  This paragraph also provides that this information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show he was awarded the Expert Infantryman Badge (EIB), that he completed a portion of the Special Forces Qualification course, his entire primary military occupational specialty code (MOSC), and that he was an Expert Infantryman Course Instructor were carefully considered.

2.  Official Orders awarded the applicant MOSC 11B2P upon promotion to the rank of SGT.  Therefore he is entitled to have Item 11 of his DD Form 214 corrected to show this MOSC as 11B2P.

3.  There is no evidence in the applicant's service personnel records and the applicant did not provide sufficient evidence showing that he was either awarded or entitled to the EIB.  Additionally there is no evidence that the applicant successfully completed the required proficiency tests for award of the EIB.  Absent such evidence, there is no basis to grant the applicant's request to correct his records to show award of the EIB.

4.  There are no indications in the applicant's service personnel records which show that he served as an Expert Infantryman Course Instructor.  Therefore, the applicant is not entitled to have his records corrected to show he served in this capacity.

5.  The record does not show the applicant successfully completed the Special Forces Qualification Course.  Therefore, the applicant is not entitled to have his records corrected to show completion of this course.

6.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement pertaining to award of the EIB, service as an Expert Infantryman Course Instructor, or completion of the Special Forces Qualification Course.

7.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ____X___  ___X____  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 to show his primary military occupational specialty code as 11B2P.

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, service as an Expert Infantryman Course Instructor, and completion of the Special Forces Qualification Course.



      __________X_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000871



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ABCMR Record of Proceedings (cont)                                         AR20080000871



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