IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110016478
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) and his Enlisted Record Brief (ERB) to show award of the Expert Infantryman Badge.
2. The applicant states he was in the process of being discharged from the Army before orders for award of the Expert Infantryman Badge arrived so they weren't added to his ERB or DD Form 214.
3. The applicant provides his DD Form 214, ERB, and an award certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 4 September 2007 and he held military occupational specialty 11B (Infantryman). He was assigned to Company C, 2nd Battalion, 3rd Infantry Regiment, Fort Lewis, WA.
2. He was discharged from active duty on 27 February 2009. He completed 1 year, 5 months, and 24 days of creditable active service.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Expert Infantryman Badge.
4. Section VIII (Awards and Decorations) of his automated ERB, dated 24 February 2009, does not show award of the Expert Infantryman Badge.
5. The applicant provides a certificate that shows he was awarded the Expert Infantryman Badge on 16 August 2006 while assigned to Company C, 2nd Battalion, 3rd Infantry Regiment.
6. 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.
7. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies and operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. The ERB is a continuous-feed type form that will permit limited automation. The ERB is created, maintained, and updated while the Soldier is on active duty. Upon separation or discharge, the ERB is no longer maintained or updated.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Expert Infantryman Badge on 16 August 2008 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. With respect to his request to have his ERB corrected to show the EIB, this form is a record of a Soldier's personnel management qualifications in the form of data. The ERB is not maintained or updated subsequent to a Soldier's separation from active duty. Therefore, he is not entitled to this portion of the requested relief.
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 the Expert Infantryman Badge.
2. The Board further determined that the evidence presented was 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 the correction of his ERB.
__________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) AR20110016478
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