IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140008587
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, in effect, the Expert Infantryman Badge (EIB) and unit citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he wants to join specific veteran organizations that require proof of his awards.
3. The applicant provides copies of two photographs in support of his application.
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 was inducted into the Army of the United States on 10 February 1969. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was stationed in Germany from 20 April 1970 to 21 January 1971, while assigned for duty with 1st Battalion, 26th Infantry Regiment. Item 28 (Specialized Training) does not show he completed any EIB proficiency tests and there is no evidence on this document or throughout his military record to show he was ever awarded the
EIB.
4. On 2 February 1971, the applicant was honorably discharged from active duty. The DD Form 214 he was issued shows he completed a total of 1 year, 11 months, and 23 days of active military service and earned the following awards:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. The applicant provides two photographs of himself in uniform. The EIB is displayed on his uniform in one of the photographs.
6. Army Regulation 600-8-22 (Military Awards), paragraph 8-8, provides for award of the EIB. 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. Commanders of U.S. Army training centers have the authority to test and award the badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the EIB and any unit awards he is authorized.
2. With respect to the EIB, the applicant's record is void of an order awarding him the EIB. Additionally, there is no evidence in the available records and the applicant did not provide any evidence that shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Therefore, there is no basis for showing this badge on his DD Form 214.
3. In addition, there is insufficient evidence upon which to base either award or any additional unit awards in his case.
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) AR20140008587
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