IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140012426
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Expert Infantryman Badge (EIB).
2. The applicant states he received the award on 1 October 1974 and his last DD Form 214 was issued on 22 March 1963.
3. The applicant provides a copy of General Orders Number 2, dated 1 October 1974, and a copy of his DD Form 214 for the period ending 22 March 1963.
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 applicants 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 applicants 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 25 March 1960. He completed the training requirements and was awarded military occupational specialty 111.10 (Light Weapons Infantryman).
3. On 22 March 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing 2 years, 11 months, and 28 days of net service during this period of enlistment, including 1 year,
10 months, and 24 days of foreign and/or sea service. His DD Form 214 for this period of service does not list the EIB among his awards.
4. The applicant provides a copy of General Orders Number 2, issued by Headquarters, 50th Armored Division, New Jersey Army National Guard on
1 October 1974, which announced his award of the EIB.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. It established standardized item-by-item preparation instructions for the DD Form 214. The instructions for item 26 state, in part, that only decorations, medals, badges, etc., awarded or authorized during period covered by the DD Form 214 will be entered. Each entry will be verified by the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect the issuance of his EIB was carefully considered.
2. The governing Army regulation states that only decorations, medals, badges, etc., awarded or authorized during the period covered by the DD Form 214 will be added to item 26.
3. The available evidence shows he was awarded the EIB over 9 years after the period of service covered by the DD Form 214.
4. While the Board acknowledges his achievement, he is not entitled to the addition of this award to the DD Form 214 for the period ending 22 March 1963. Therefore, there is no basis for granting the requested relief.
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) AR20120003383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012426
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