IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003620
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 award of the Expert Infantryman Badge (EIB) and by showing he performed duties as a rifle team leader and a rifle squad leader for over 3 years.
2. The applicant states that his DD Form 214 for the period ending 31 January 2002 does not reflect his award of the EIB. He also states it does not reflect he performed on-the-job training (OJT) as a rifle team leader and squad leader for over 3 years.
3. The applicant provides a copy of Permanent Orders 357-338, dated
22 December 2000, awarding him the EIB.
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. After serving in the Regular Army (RA) and the Army National Guard, the applicant again enlisted in the RA on 28 April 1998 for a period of 3 years in pay grade E-4 and in military occupational specialty (MOS) 11C (Indirect Fire Infantryman). He was assigned to Company B, 1st Battalion, 87th Infantry Regiment, Fort Campbell, KY.
3. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 April 1999. On 22 December 2000, Permanent Orders 357-338, published by Headquarters, 101st Airborne Division, Fort Campbell, KY, awarded him the EIB effective
18 December 2000.
4. On 31 January 2002, he was discharged in the pay grade of E-1. He completed 3 years, 6 months, and 25 days of net active service this period for a total of 7 years, 7 months, and 25 days of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time does not show his award of the EIB.
5. There is no evidence of record and the applicant did not provide any evidence that shows he participated in OJT for MOS 11B or any other MOS during his period of service.
6. Item 38 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not reflect a duty MOS code for any of his assignments during his period of service.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. That regulation does not provide for the entry of duty positions on the DD Form 214. Only those MOS's awarded in orders and in which an individual serves for at least 1 year are authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his award of the EIB should be added to his DD Form 214 has been noted and found to have merit.
2. Permanent orders awarded him the EIB effective 18 December 2000. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. However, his contention that his duty positions as a team leader and a squad leader should be added to his DD Form 214 has been found to have no merit. There is no evidence and he did not provide any evidence that support his contentions that he performed duties as a team leader and a squad leader. There is also no provision for adding duty positions to the DD Form 214. Therefore, there is no basis for granting this portion of the applicant's request.
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 his DD Form 214 for the period ending 31 January 2002 the Expert Infantryman Badge.
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 adding his duty positions as a team leader and a squad leader to his DD Form 214.
___________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.
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