IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110019814
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 award of the Expert Infantryman Badge (EIB) and any other awards and decorations he is entitled to.
2. The applicant states:
* the test score on his DA Form 705 (Physical Combat Proficiency
Test Score Table) was calculated incorrectly and then corrected incorrectly
* he would have received the EIB had the score been calculated correctly
3. The applicant provides a copy of his DA Form 705.
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 having prior honorable enlisted service in the Illinois and California Army National Guard the applicant enlisted in the Regular Army on 22 May 1967. He completed training and was awarded military occupational specialties (MOS) 11B (Light Weapons Infantryman), 13A (Cannoneer), 16C (Hercules Missile Fire Control Crewman), and 55B (Ammunition Storage Specialist). The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.
3. The applicant's DA Form 705 shows a corrected total score of 465 for the physical portion of the proficiency testing required for the EIB.
4. The record does not contain other proficiency test results or a commander's recommendation for award of the EIB.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
a. Item 22 (Military Occupational Specialties) shows he held MOS 11B during the period 18 December 1964 to 10 May 1967.
b. Item 38 (Record of Assignments) shows he was assigned to Company A, 2d Battalion, 130th Infantry Regiment during the period 10 October 1965 through 10 January 1967.
c. Item 41 (Awards and Decorations) does not show award of the EIB.
6. Army Regulation 600-8-22 (Military Awards) states award of the EIB 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 EIB, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the EIB was carefully considered.
2. The applicant states, more than 40 years later, that had his test scores been calculated correctly, he would have been awarded the EIB. However, the scores on his DA Form 705 were just a part of the qualifications required for award of the EIB. His records do not contain official orders awarding him the EIB. There is no evidence in his records and he did not provide substantiating evidence that shows he had satisfactorily completed all 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) AR20110019814
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ABCMR Record of Proceedings (cont) AR20110019814
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