IN THE CASE OF:
BOARD DATE: 17 June 2008
DOCKET NUMBER: AR20080004451
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 correction of his military records to show that he was awarded the Expert Infantryman Badge.
2. The applicant states that his service in the United States Marine Corps as an infantryman should qualify him for award of the Expert Infantryman Badge.
3. The applicant provides no additional documentation.
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. At the time of his application, the applicant was a retired chief warrant officer three, Army of the United Sates.
3. On 17 September 1961, the applicant enlisted in the United States Marine Corps Reserve. On 25 October 1961, he was ordered to active duty for training as a basic infantryman. During this service he completed his training and qualified as a sharpshooter with the M-1 rifle.
4. On 25 April 1962, the applicant was released from active duty for training and transferred to the 8th Marine Corps Reserve. On 28 May 1962, he was separated from the United States Marine Corps Reserve. Documentation is not available for review.
5. On 29 May 1962, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 911.10 (Medical Specialist). He continued to serve through a series of enlistments and assignments both in the United States and overseas until his retirement for length of service on 31 July 1983. He attained the rank of chief warrant officer three and had completed 21 years, 6 months, and 29 days of creditable active military service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants Certificate of Release or Discharge from Active Duty (DD Form 214) lists the National Defense Service Medal, Combat Medical Badge, Good Conduct Medal (four awards), [Republic of] Vietnam Technician Service Medal, [Republic of] Vietnam Campaign Medal with "1960-" Device, Vietnam Service Medal with two bronze service stars, [Republic of] Vietnam Gallantry Cross with Palm Unit Citation, Armed Forces Expeditionary Medal, Bronze Star Medal, Korean Service Medal, Army Service Ribbon, Overseas Service Ribbon (2 awards), Army Achievement Medal with Oak Leaf Cluster, and the Meritorious Service Medal. It does not list the Expert Infantryman Badge.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his infantry training in the United States Marine Corps should qualify him for award of the Expert Infantryman Badge. While the evidence of record clearly shows that he did receive infantry training, he did not serve in the Regular Army as an infantryman.
2. The governing regulation for award of the Expert Infantryman Badge requires satisfactory completion of the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Furthermore, a Soldier must be in an active Army status and must have held an infantry or special forces MOS.
3. In view of the above, the applicants request should be denied.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080004451
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