BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150000507 


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 his record to show award of the Expert Infantryman Badge (EIB) and the Jungle Operations Training Course.

2.  He states he completed the training and was awarded the EIB.

3.  He provides:

* a DD Form 214 (Report of Separation from Active Duty)
* orders
* a certificate 

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 24 September 1973.  Upon completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II):

	a.  Item 9 (Awards, Decorations, and Campaigns) does not list the EIB as an authorized award; and 

	b.  Item 35 (Record of Assignments) he was assigned to:

		(1)  Headquarters and Headquarters Company, 2nd Battalion, 325th Infantry Regiment (Airborne), Fort Bragg, as an ammo bearer in MOS 11C from 7 March 1974 to 20 November 1974; and 

		(2)  Combat Support Company, 2nd Battalion, 325th Infantry Regiment (Airborne), Fort Bragg, as a mortar gunner and ammunition bearer in MOS 11C, from 21 November 1974 to 22 July 1976. 

4.  His record contains and he submitted a Jungle Expert Certificate, dated 
4 October 1974, which shows he completed the Jungle Operations Training course and was designated a Jungle Expert.

5.  He submitted Special Orders Number 107, dated 21 May 1975, which show he was awarded the EIB.

6.  His record contains Permanent Orders Number 58-11, dated 28 September 1976, which show he was awarded the Army Commendation Medal (ARCOM) for the period of service from 26 November 1975 to 23 September 1976.

7.  He was honorably released from active duty on 23 September 1976 and credited with completing 3 years of active duty service.  His DD Form 214 does not show award of the EIB or the Jungle Operations Training Course.

8.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  There are no entries on his DA Form 2-1 to indicate his commanders denied him award of the AGCM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards.  Paragraph 8-8 provides for award of the EIB.  It 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.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active enlisted service.  This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the AGCM, disqualification must be justified. 

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It provided for entering service schools, including dates and major courses which were completed successfully during the period covered by the DD Form 214.  This information was to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not to be listed.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the EIB.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  Evidence of record shows the applicant completed the Jungle Operations Training Course.  However, there is no provision for listing this combat skills training on his DD Form 214.  

3.  Permanent Orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  His record is void of any disqualifying or derogatory information which would preclude award of the AGCM (1st Award).  Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying period of honorable active service from 24 September 1973 to 23 September 1976 and to add this award to his DD Form 214.  


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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
24 September 1973 to 23 September 1976 and

	b.  adding the EIB, Army Good Conduct Medal (1st Award), and Army Commendation Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  The regulation applicable to preparation of the DD Form 214 does not provide for the listing of training courses like the Jungle Operations Training Course.  As a result, the Board recommends denial of so much of the application that pertains to listing the Jungle Operations Training Course on 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)                                         AR20150000507





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ABCMR Record of Proceedings (cont)                                         AR20150000507



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