MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:         14 January 1999         
	DOCKET NUMBER:   AR1999015138

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to reflect award of the Expert Infantryman Badge.  He states, in effect, that he completed testing for the award during October, November and December 1954 and was awarded the badge on 16 December 1954.  He believes he never received the badge because he was separated from active duty in February 1955.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  Although the applicant’s military personnel records were partially destroyed during the 1973 fire at the National Personnel Records Center most of the record is still readable, particularly the Form 230 (service record) and the enlisted qualification record.

Those records show that the applicant entered active duty on 23 February 1953. He completed training at Fort Sheridan, Illinois and was permanently assigned to Fort Lewis, Washington in August 1953.

There is no indication that he completed requirements for award of the Expert Infantryman Badge.

On 24 February 1955 the applicant was released from active duty.  His DD Form 214 (report of separation), which he authenticated, does not reflect entitlement to the Expert Infantryman Badge.

Army Regulation 600-8-22 states that candidates for the Expert Infantryman Badge must be in an Active Army status and must possess an infantry or special forces specialty as their primary specialty.  They must meet prerequisites and take a proficiency test prescribed by the U.S. Army Infantry Center.  Division commanders, commanders of separate infantry brigades and regiments, and certain commanders who have been delegated such authority, may award the badge to qualified soldiers in their command.  There is no evidence, and the applicant has not provided any, which confirms he was ever awarded the Expert Infantryman Badge.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 February 1955, the date he was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 
24 February 1958.

The application is dated 26 December 1997 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __slp___  ___kan____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director