BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021903
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 the Expert Infantryman Badge (EIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was discharged prior to his EIB award date.
3. The applicant provides no additional documents.
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's record shows he enlisted in the Regular Army (RA) on
21 September 1982. He was trained in and awarded military occupational specialty 11B (Infantryman). He also completed the basic airborne course and received the special qualification identifier "P "(Parachutist).
3. His Official Military Personnel File (OMPF) contains 82nd Airborne Division, Certificate of Achievement, dated 6 January 1984. It shows the applicant successfully completed the EIB test and was awarded the EIB.
4. On 16 December 1983, the applicant was honorably discharged from active duty. The DD Form 214 he was issued shows he completed a total of 1 year, 2 months, and 26 days of active military service and earned the following awards:
* Army Service Ribbon
* Parachutist Badge
* Combat Infantryman Badge (CIB)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar
5. Army Regulation 600-8-22 (Military Awards):
a. States that in order to participate in the EIB program and be awarded the EIB, members must meet the prerequisites and take the test with an infantry unit of at least battalion size. The test requirement is to meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center and given by authorized commanders.
b. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to include the EIB. There is sufficient evidence to support this claim.
2. The applicant's OMPF includes an 82nd Airborne Certificate of Achievement which announced the applicant's award of the EIB on 6 January 1984, subsequent to his discharge from active duty on 16 December 1983. Therefore, the applicant's claim is corroborated by the evidence of record and his DD Form 214 should be corrected at this time to add the EIB.
3. It is noted that there is no evidence showing the applicant was ever assigned to an infantry unit during such time as the unit was engaged in active ground combat. Furthermore, there is no evidence showing he had ever actively participated in such ground combat. As such, it appears that an administrative error was made in the issuance of his DD Form 214 to show award of the CIB.
Therefore, the presence of the CIB on his DD Form 214 is suspected to be in error, and should perhaps have read EIB. However, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board. For this reason, the Board will not take any action to affect the administrative change to remove the CIB from his DD Form 214. However, the applicant should be aware that these proceedings will be filed in his OMPF.
4. In view of the foregoing, the applicant's records should be corrected by adding the EIB to his DD Form 214.
BOARD VOTE:
___X_____ ___X_____ ___X_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Expert Infantryman Badge to his DD Form 214.
__________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) AR20130021903
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ABCMR Record of Proceedings (cont) AR20130021903
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