IN THE CASE OF:	  

		BOARD DATE:	  8 October 2014

		DOCKET NUMBER:  AR20140002800 


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), for the period ending 24 September 1990, to show he was awarded the Expert Infantryman Badge (EIB) and Ranger Tab.

2.  The applicant states he successfully completed the Ranger course on 
23 January 1990 and he passed the test for the EIB in July 1990, while serving as a platoon leader with the 197th Infantry Brigade.  He was one of eight individuals in the entire Brigade who passed the test for the EIB.  Shortly after he was discharged, his unit deployed in support of Operation Desert Storm and that may be the reason his records were not updated.

3.  The applicant provides copies of his assignment orders, Ranger course diploma, and Officer Record Brief (ORB).

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 served honorably in the U.S. Army Reserve and Army National Guard (ARNG) in an enlisted status from 21 January 1986 through 5 May 1988.

3.  He was appointed as a Reserve commissioned officer of the Army, in the ARNG and in the rank of second lieutenant, on 6 May 1988.  He was branch detailed to the infantry and ordered to active duty on 6 November 1988.  
 
4.  A DA Form 2496 (Disposition Form), dated 28 February 1989, subject:  Infantry Officer Basic Course (IOBC) Records Update, shows his weapons qualifications during IOBC, as follows –

   Weapon		Qualification						Date

M-203	Grenade			Second Class (Sharpshooter)	15 November 1988      Launcher
   M-16 Rifle				Sharpshooter					23 November 1988
   M-60 Machinegun		First Class (Expert)				13 December 1988
   Hand Grenade			Expert								20 January 1989

5.  Orders Number 107-204, issued by Headquarters, U.S. Army Infantry Center (USAIC), Fort Benning, GA on 17 April 1989, assigned him to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, 197th Infantry Brigade, Fort Benning, GA, on 18 April 1989.

6.  His ORB, prepared in June 1990, shows in –

* Section VI (Military Education) –

* Airborne, 1989
* Infantry Officer Basic, 1989
* Air Assault, 1987

* Section VIII (Awards and Decorations) –

* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge


7.  His DD Form 214 shows he entered active duty this period on 6 November 1988, was honorably released from active duty on 24 September 1990, and transferred to the USAR Control Group (Reinforcement) after completing 1 year, 10 months, and 19 days of net active service this period.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the –

* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge

8.  A review of his military personnel records failed to reveal evidence of award of the Ranger Tab or EIB.

9.  In support of his request the applicant provides the following documents:

   a.  Orders Number 290-516, issued by Headquarters, USAIC, Fort Benning, GA on 17 October 1989, which attached him to the 4th Ranger Training Battalion, Fort Benning, GA on 7 October 1989 to attend the Ranger course.

   b.  Diploma, issued by the U.S. Army Infantry School on 23 January 1990, which shows he successfully completed the Ranger course.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  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 status and must have an infantry or special forces specialty.

	b.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

   c.  The Ranger Tab is awarded for successful completion of a Ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he successfully completed the Ranger course at the U.S. Army Infantry School on 23 January 1990.  Therefore, he is entitled to correction of his records to show he was awarded or authorized the Ranger Tab.

2.  The evidence of record also shows he qualified for the following marksmanship badges that are not shown on his DD Form 214:

* Expert Marksmanship Qualification Badge with Machinegun Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  Accordingly, it would be appropriate to correct his records to show his awards and decorations, as recommended below.

4.  There is no evidence of record and the applicant provides insufficient evidence to show he satisfactorily completed the prescribed proficiency tests for award of the EIB while assigned or attached to an infantry unit of a least battalion size.  Therefore, he is not entitled to correction of his records to show the badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 to item 13 of his 24 September 1990 DD Form 214 the -

* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Ranger Tab

2.  The Board further determined that the evidence presented is 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 the Expert Infantryman Badge.



      _______ _   _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)                                         AR20140002800



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ABCMR Record of Proceedings (cont)                                         AR20140002800



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