IN THE CASE OF:
BOARD DATE: 14 November 2014
DOCKET NUMBER: AR20140006164
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 the Expert Infantryman Badge (EIB) and any additional commendations for his service in support of Operation Desert Shield/Storm.
2. The applicant states he received the EIB on 7 June 1990 and he was separated from the Army on 27 July 1990. The short period of time between receipt of the EIB and his Army separation date is the reason for the omission in his records.
3. The applicant provides:
* his DD Form 214 for service from 31 January through 10 March 1991
* Headquarters, 3rd Battalion, 502nd Infantry, 101st Airborne Division Certificate of Achievement for the Expert Infantryman's Badge, dated
7 June 1990
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 5 October 1988 and he successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 27 July 1990, he was honorably released from active duty for the convenience of the government under the 1990 Early Transition Program after completing 1 year, 9 months, and 23 days of total active service.
4. The applicant's DD Form 214 from that service period shows the following:
* Air Assault Badge
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Army Lapel Button
5. The applicant was ordered to active duty in support of Operation Desert Shield/Storm from 31 January through 18 March 1991, completing 1 month and 18 days of active service and he was issued a DD Form 214 for that period of honorable service.
6. The applicant's DD Form 214 issued on 18 March 1991 reflects the following additional item, the National Defense Service Medal.
7. On 30 January 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214) for the DD Form 214 issued on 18 March 1991. The
DD Form 215 reflects the Overseas Service Ribbon.
8. Neither of the two DD Forms 214 issued to the applicant nor the subsequent DD Form 215 show award of the EIB.
9. The applicant provides Headquarters, 3rd Battalion, 502nd Infantry, 101st Airborne Division Certificate of Achievement for the EIB, dated 7 June 1990.
10. There are no orders in the applicant's service personnel records awarding him the EIB or any other commendations, awards, or decorations that are not listed on his DD Form 214.
11. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the EIB.
12. 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:
1. The applicant provided a Certificate of Achievement for the EIB dated 7 June 1990, but there are no orders that show he passed the EIB test or that he was awarded the EIB.
2. Additionally, there is no evidence of record that the applicant is entitled to further commendations that are not listed on his DD Form 214. 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.
___________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) AR20140006164
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006164
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011509
The applicant states he was awarded the EIB and CIB in 1991. On 17 January 1991, the applicant was ordered to active duty from the U.S. Army Reserve in support of Operation Desert Shield/Desert Storm. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was in fact awarded the EIB and the CIB.
ARMY | BCMR | CY2013 | 20130012613
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Expert Infantryman Badge (EIB) and Kuwait Liberation Medal (KLM). The applicant states in a handwritten note on an internet printout of the KLM criteria that the 5th Battalion, 21st Infantry Regiment, 7th Infantry Division, had orders and was staged at a holding base in the Mojave Desert in preparation to be deployed for approximately 3 weeks. There is no evidence that...
ARMY | BCMR | CY2009 | 20090016988
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), a second award of the Overseas Service Ribbon, the Combat Infantryman Badge, two awards of the Army Achievement Medal, the Humanitarian Service Medal, and the Expert...
ARMY | BCMR | CY2010 | 20100013382
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB). Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case. _______ _ X___ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2013 | 20130013396
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Army Commendation Medal (ARCOM) and the Expert Infantryman Badge (EIB). The applicant provides: * DD Form 214 for the period ending 8 February 1985 * DD Form 214 for the period ending 11 December 1992 * DA Form 638 (Recommendation for Award), dated 12 August 1991 and annotated as Permanent Orders (PO) Number 46-22, issued by the 207th Military...
ARMY | BCMR | CY2002 | 2002073026C070403
In support of his application, he submits a copy of his DD Form 214; orders for the EIB; a Certificate of Training for the German Language Orientation Program; a Certificate of Achievement for exemplary service at ROTC Advanced Camp; his Educational Development Record; and a correspondence course completion notice for the Combat Lifesaver Course. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July...
ARMY | BCMR | CY2001 | 2001059751C070421
The applicant requests correction of item 8a (Last Duty Assignment and Major Command) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Company A, 2nd Battalion, 12th Infantry; correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Expert Infantryman Badge (EIB) and six awards of the Army Achievement Medal (AAM); and correction of item 18 (Remarks) to show his dates of service in Southwest...
ARMY | BCMR | CY2010 | 20100017213
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 May 1993 to show the Expert Infantryman Badge (EIB), Air Assault Badge, and a second award of the Army Achievement Medal (AAM). There are no orders for the Air Assault Badge in the applicant's service personnel records. There is no evidence of record and the applicant provided no evidence which shows he completed the Air Assault course.
ARMY | BCMR | CY2001 | 2001064123C070421
The applicant states that his records do not reflect his award of the Air Assault Qualification Badge (officially the Air Assault Badge), his service in three campaigns in Vietnam which include the Counteroffensive Phase VII, Consolidation I and Consolidation II, the arrowhead device to indicate his participation in combat air missions, and that he earned three overseas service bars. The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for...
ARMY | BCMR | CY2007 | 20070000008C071108
The applicant requests award of the Combat Infantryman Badge (CIB), the Expert Infantryman Badge (EIB), and the South West Asia Ribbon (SWA) (correctly known as the SWA Service Medal). For SWA service, one overseas bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in SWA from 16 August 1990 to 24 March 1991. There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the Combat Infantryman Badge.