BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130018884
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) to show award of the Expert Infantryman Badge (EIB).
2. The applicant states he just realized that the EIB is not listed on his DD Form 214. He does not have any paperwork associated with him being awarded the EIB. His company prepared for the EIB test in late June and early July 2000. He tested and passed all stations for the EIB. At the same time, his medical board concluded directly after the EIB test and he had three days to prepare for his discharge. He left so rapidly after testing that the EIB never caught up with him.
3. The applicant provides no additional documentation in support of his request.
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 24 February 1999 and he successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 18 July 2000, he was honorably discharged based on a disability that existed prior to service after completing 1 year, 4 months, and 25 days of total active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the EIB.
5. There are no orders in the applicant's service personnel records awarding him the EIB.
6. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the EIB.
7. 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:
There are no orders or other evidence of record that shows the applicant passed the EIB test or that he was awarded the EIB. Therefore, there is an insufficient evidentiary basis for granting his request.
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.
_________xx______________
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) AR20130018884
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