IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003291
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 award of the Expert Infantryman Badge.
2. The applicant states this award is not listed on his DD Form 214. He recently noticed the omission.
3. The applicant provides copies of his Expert Infantryman Certificate and Honorable Discharge 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 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 14 October 1971 and he held military occupational specialty 11H (infantry direct fire crewman). He served in Germany from 19 March 1972 through 3 October 1973.
3. He provided a copy his Expert Infantryman Certificate, dated 20 July 1973, showing he was qualified as an expert infantryman.
4. Special Orders (SO) Number 144, issued by Headquarters, U.S. Army, Berlin on 1 October 1973, awarded him the Expert Infantryman Badge effective 23 August 1973.
5. He was honorably released from active duty on 6 October 1973 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 11 months, and 23 days of net active service. His DD Form 214 does not show award of the Expert Infantryman Badge.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed during their period of service and at the time of separation. Personal awards, decorations, and badges announced in orders should be entered in Item 24 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
SO awarded the applicant the Expert Infantryman Badge effective 23 August 1971, and this badge was not listed on his DD Form 214.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 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) AR20150003291
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ABCMR Record of Proceedings (cont) AR20150003291
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