IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130003009
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Expert Infantryman Badge (EIB).
2. He states he received the EIB in October 1991 while assigned to Delta Company, 1st Battalion, 8th Infantry Regiment, Fort Carson, CO.
3. He provides no additional evidence.
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 applicant's 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 applicant's 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 12 July 1988. Upon completion of one-station unit training at Fort Benning, GA, he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not list the EIB as an authorized award. Item 35 (Record of Assignments) of this form shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment, Fort Carson, as an infantryman in MOS 11B effective 30 May 1991.
4. He was honorably released from active duty on 20 December 1991 and credited with completing 3 years, 5 months, and 9 days of active duty service. His DD Form 214 does not show award of the EIB.
5. His service records do not include evidence showing he completed the prescribed proficiency tests for award of the EIB. Additionally, there are no orders which show he was awarded the EIB.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards. Paragraph 8-8 provides for award of the EIB. It 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 contention that he was awarded the EIB while assigned to Fort Carson is acknowledged. However, his records are void of orders or any evidence to support his claim.
2. Although his records show he was assigned to an infantry unit and held an infantry MOS, there is insufficient evidence in the available records and he did not provide sufficient evidence which shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size and he was awarded the EIB. Therefore, there is insufficient evidence to grant his request for correction of his DD Form 214 to show award of the EIB.
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 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) AR20130003009
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