IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110020800
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 award of the Expert Infantryman Badge.
2. The applicant states that while assigned to the 12th Cavalry, Korea, he completed the training and test for award of the Expert Infantryman Badge but the final paperwork was never signed.
3. The applicant provides:
* DD Form 214
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* Letter addressed to the National Archives, dated 2 September 2011
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 enlisted in the Regular Army on 26 October 1953 and he held military occupational specialty 133.60 (Armor Intelligence Specialist). His last duty assignment was to the Combat Support Company, 2nd Battle Group, 12th Cavalry, Korea.
3. His records do not contain official orders awarding him the Expert Infantryman Badge.
4. He was honorably released from active duty on 14 December 1960 and he was transferred to the XI U.S. Army Corps, IL. He completed 7 years, 1 month, and 19 days of total active duty service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Expert Infantryman Badge.
6. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 does not show award of the Expert Infantryman Badge.
7. The applicant provides a letter he wrote to the National Archives, dated
2 September 2011. He stated he received Infantryman training with Baker Company, 2nd Battle Group, 12th Cavalry, 1st Cavalry Division. He and 12 other men took the training and passed the tests but for some reason, they never received the Expert Infantryman Badge.
8. 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 requests correction of his DD Form to show award of the Expert Infantryman Badge.
2. His 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 any evidence that shows he had satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.
3. In view of the foregoing, his request should be denied.
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) AR20110020800
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ABCMR Record of Proceedings (cont) AR20110020800
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