IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090005135 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal, the Expert Infantryman Badge, and the Multinational Force and Observers Medal.

2.  The applicant states that he earned these awards and decorations but they are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 8 January 1986; a copy of a certificate, dated 18 December 1985, showing award of the Army Achievement Medal; a copy of a certificate of achievement, dated 31 March 1983; and a copy of a certificate of service with the Multinational Force and Observers Sinai in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 9 December 1982.  He completed basic combat and advanced individual training under the one station unit training (OSUT) program and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 8 January 1986 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant’s records also show he served in Germany from on or about 17 April 1983 to on or about 5 October 1984.  He was assigned to the 1st Battalion, 48th Infantry Regiment, 3d Armored Division.  Furthermore, upon completion of his overseas tour he was reassigned on or about 21 November 1984 to the 3d Battalion, 502d Infantry, Fort Campbell, KY.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Grenade Bar, and the Air Assault Badge.  Item 13 does not show award of the Army Achievement Medal, the Expert Infantryman Badge, and/or the Multinational Force and Observers Medal.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Achievement Medal, the Expert Infantryman Badge, and/or the Multinational Force and Observers Medal.

6.  There are no orders in the applicant's records that show he was awarded the Army Achievement Medal and/or the Expert Infantryman Badge.

7.  The applicant submitted a copy of a certificate, dated 18 December 1985, that shows he was awarded the Army Achievement Medal for the period from 1 July 1985 to 18 December 1985 while serving as a member of Company B, Task Force 3d Battalion, 502d Infantry, Multinational Force and Observers, Sinai, Egypt.  The certificate does not include a permanent order number as the listing of a permanent order number on the certificate was not in effect at the time.



8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who while serving in a noncombat area on or after 1 August 1981 distinguished himself or herself by meritorious service or achievement.

9.  The applicant submitted a copy of a certificate issued by the Multinational Force and Observers that certifies he was a member of Task Force 3d Battalion, 502d Infantry and served with the Multinational Force and Observers from 1 July 1985 to 17 December 1985.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Multinational Force and Observers Medal approved on 28 July 1982.  To qualify for the award, personnel must have served with the Multinational Force and Observers for at least 90 cumulative days after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers to qualify for the award.  Periods of service on behalf of the Multinational Force and Observers outside of the Sinai and periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal.  If an individual has not completed a cumulative 6-month tour, then he or she is not eligible for award of the Multinational Force and Observers Medal unless the award is to be made posthumously, the member is medically evacuated due to service-incurred injuries or serious illness, or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the Multinational Force and Observers Medal may be lost for disciplinary reasons.

11.  The applicant submitted a copy of a certificate of achievement, dated 31 March 1983, for achieving the maximum score on the performance-oriented infantry qualification test for cycle number 26-83.

12.  An advisory opinion was obtained on 19 August 2009 in the processing of this case.  The Office of the Chief of Infantry, U.S. Infantry Center, Fort Benning, GA, indicated that the applicant had not completed the Expert Infantryman Badge test but rather the Performance Oriented Infantry Qualification Test which was the culminating hands on testing portion of Infantry OSUT.  Soldiers who received a perfect score (100% first time Go) were presented a Department of the Army Certificate of Achievement.  This certificate does not entitle a Soldier to wear or be awarded the Expert Infantryman Badge.



13.  The applicant was contacted telephonically by the case analyst of record on 19 and 20 August 2009 to inform him of the advisory opinion; but he failed to respond.  He was also mailed a copy of the advisory opinion on 20 August 2009 and failed to respond within the time prescribed. 

14.  Army Regulation 600-8-22, 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.  Commanders of U.S. Army training centers have the authority to test and award the badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Achievement Medal, the Expert Infantryman Badge, and the Multinational Force and Observers Medal.

2.  With respect to the Army Achievement Medal, the applicant submitted a copy of a certificate that shows he was awarded the Army Achievement Medal for meritorious service from 1 July 1985 to 18 December 1985 while serving as a member of the Multinational Force and Observers, Sinai, Egypt.  Although his records do not contain a copy of a separate permanent order for this award, his service as a member of the Multinational Force and Observers is further corroborated by another certificate that certifies his participation and service in Sinai.  In addition, the Army Achievement Medal is a typical decoration to be awarded to an enlisted Soldier for this kind of service.  Therefore, there is sufficient evidence to add this award to his records.

3.  The evidence of record shows the applicant was a member of Task Force 3d Battalion, 502d Infantry, and served with the Multinational Force and Observers for a period of 170 days from 1 July 1985 to 17 December 1985.  Therefore, he meets the criteria for award of the Multinational Force and Observers Medal and should have his DD Form 214 corrected to show this award.

4.  With respect to the Expert Infantryman Badge, the applicant's infantry MOS and assignment to an infantry battalion are not in question.  However, the certificate he provided shows he received a perfect score on the Performance Oriented Infantry Qualification Test which was the culminating hands on testing portion of Infantry OSUT.  This certificate does not entitle a Soldier to wear or be awarded the Expert Infantryman Badge.  In the absence of conclusive evidence that he satisfactorily completed the prescribed Expert Infantryman Badge proficiency tests while assigned or attached to an infantry unit of at least battalion size, there is insufficient evidence to award the applicant the Expert Infantryman Badge in this case.

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 by adding to item 13 of the applicant's DD Form 214 the Army Achievement Medal and the Multinational Force and Observers 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.  




      ____________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)                                         AR20090005135



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005135



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1