IN THE CASE OF:
BOARD DATE: 25 OCTOBER 2012
DOCKET NUMBER: AR20120006705
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 the following documents to show award of the Expert Infantryman Badge (EIB):
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 July 1982
* Permanent Orders Number 15-2, Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, dated 6 February 1981
2. The applicant states he served in military occupational specialty (MOS) 11B (Infantryman); he was not a Combat Medic.
3. The applicant provides:
* DD Form 214
* Permanent Orders Number 15-2
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. On 6 January 1977, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years. On 13 January 1977, he was honorably discharged and enlisted in the Regular Army on 14 January 1977. He completed training and was awarded MOS 11B. The highest rank/grade he attained while on active duty was specialist four/E-4.
3. His record is void of qualification test scores or orders awarding him the EIB.
4. Permanent Orders 15-2, dated 6 February 1981, does not show the applicant was awarded the Expert Field Medical Badge. These orders show he was awarded the Good Conduct Medal for the period 14 January 1977 to 13 January 1980.
5. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded the EIB.
6. The applicant was honorably released from active duty on 15 July 1982 and transferred to the USAR. He completed 3 years of active service during this period.
7. His DD Form 214 for the period ending 15 July 1982 shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar M-16A1.
8. 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 Expert Infantryman Badge, a Soldier must be in an active status and must have an infantry or special forces specialty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 and Permanent Orders Number 15-2 to show award of the EIB was carefully considered.
2. Although the applicant believes Permanent Orders 15-2 awarded him the Expert Field Medical Badge and it should have awarded him the EIB, this order awarded him the Good Conduct Medal, which is listed on his DD Form 214.
3. However, his DA Form 2-1 shows he was awarded the EIB; therefore, he is entitled to correction of his DD Form 214 to show this badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the EIB to his DD Form 214.
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 amending Permanent Orders Number 15-2.
_______ _ 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) AR20120006705
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ABCMR Record of Proceedings (cont) AR20120006705
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