IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016377
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 Expert Infantryman Badge.
2. The applicant states he was awarded the Expert Infantryman Badge. He was the only private/E-2 in his battalion to be awarded this badge. He takes pride in this achievement and would like his DD Form 214 corrected. However, he does not have a copy of the orders.
3. The applicant did not provide additional documents.
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's records show he enlisted in the Regular Army on 16 August 1999 and held military occupational specialty 11B (Infantryman). He was assigned to C Company, 5th Battalion, 20th Infantry, Fort Lewis, WA.
3. He was honorably discharged from active duty on 11 March 2003. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
4. His records do not contain official orders awarding him the Expert Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) states 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 his DD Form 214 should be corrected to show the Expert Infantryman Badge.
2. The applicant's records do not contain official orders awarding him the Expert Infantryman Badge. Additionally, there is no evidence in his records and he did not provide substantiating evidence that shows he had satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Therefore, there is insufficient evidence to grant him 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) AR20100016377
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ABCMR Record of Proceedings (cont) AR20100016377
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