IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100008156
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Expert Infantryman Badge.
2. The applicant states the Expert Infantryman Badge should be listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.
3. The applicant provides copies of the following documents:
* A certificate showing he was awarded the Expert Infantryman Badge on 3 July 1972
* A Certificate of Training dated 7 July 1972 showing he successfully completed the qualification course for the Expert Infantryman Badge
* DD Form 214
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 applicant was inducted into the Army on 16 December 1970. He completed advanced individual training and completed the Student Noncommissioned Officer Candidate course and was awarded military occupational specialty 11B4O (light weapons infantryman) military occupational specialty (MOS). He arrived in Korea on 12 December 1971.
3. The applicant submits a certificate from the 2nd United States Infantry Division, which shows that the Expert Infantryman Badge was awarded to him in recognition of professional skill, proficiency and excellence as an infantryman in successfully completing the Expert Infantryman Badge test on 3 July 1972. According to the certificate, he was awarded the Expert Infantryman Badge at Camp Casey, Korea.
4. The applicant also submits a Certificate of Training which certifies that he successfully completed the qualification course for the Expert Infantryman Badge given at Camp Hovey, Korea, on 7 July 1972.
5. The applicant returned to the United States on 17 September 1972 and he was honorably released from active duty as an overseas returnee on 18 September 1972. He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his service obligation.
6. His DD Form 214 shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal.
7. In a letter dated 18 November 2004, the applicant was notified by the National Personnel Records Center that he is also authorized the Korea Defense Service Medal.
8. A review of the applicant's records fails to reveal the orders awarding him the Expert Infantryman Badge.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, in pertinent part, paragraph 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.
10. Army Regulation 600-8-2 further provides, in pertinent part, there are no statutory or regulatory time limits pertaining to award of badges. At the time, combat badges were announced on special orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Expert Infantryman Badge was erroneously omitted from his DD Form 214.
2. While the documents he submitted support his contention that he was awarded the Expert Infantryman Badge, there are no orders in his official record and he has not submitted any orders showing he was awarded the Expert Infantryman Badge. The certificates he submitted are insufficient evidence to warrant amending his DD Form 214.
3. According to the applicable regulation, the applicant should have been furnished special orders awarding him the Expert Infantryman Badge. Absent the orders, the Expert Infantryman Badge should not be added to his DD Form 214 at this time.
4. In view of the foregoing there is no basis for granting the requested relief.
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) AR20100008156
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ABCMR Record of Proceedings (cont) AR20100008156
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