IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080003047
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 award of the Expert Infantryman Badge.
2. The applicant states that he completed Advanced Infantry Training in January 1956 and therefore, believes he is eligible for award of the Expert Infantryman Badge.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. Records show that the applicant was inducted in the Army of the United States and entered active duty on 28 September 1955 in military occupational specialty (MOS) 111.10 (Light Weapons Infantryman).
4. Item 26 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Expert Infantryman Badge.
5. There is no evidence in the available records which show the applicant was recommended by appropriate authority and/or participated in the Expert Infantryman Badge Program. Additionally, there is no evidence the applicant successfully passed the required test for award of the Expert Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) provides the basic eligibility criteria for the Expert Infantryman Badge (EIB). Specifically, this regulation states the following:
(1) The specialty skill identifier and MOS requirement for the EIB are as follows: Candidates must be in an active Army status and must possess a primary MOS in CMF 11 or 18B, 18C, 18E, 18F, or 18Z; be warrant officers identified as 180A; or be infantry or special operations branch officers serving in infantry positions.
(2) The duty requirement for the EIB is as follows: All personnel having a CMF 11 or SC11 code, regardless of their present assignment, are eligible to participate in the EIB program. They must meet the prerequisites and take the test with an infantry unit of at least battalion size.
(3) The test requirement is as follows: Personnel must meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show award of the Expert Infantryman Badge was carefully considered and determined to have insufficient evidence to support granting his request.
2. There is no evidence in the available records and the applicant has not submitted sufficient evidence showing that he met the criteria for award of the Expert Infantryman Badge.
3. Although, there is insufficient evidence to grant the relief requested this by no means diminishes the applicant's dedicated service to and sacrifices for a grateful nation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ __X_____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___________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) AR20080003047
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