IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020117


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 award of the Expert Infantryman Badge (EIB).

2.  The applicant states he was awarded the EIB in Germany.

3.  The applicant provides no additional documentation.

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 served in the Regular Army from 30 October 1974 through 15 June 1978 in military occupational specialty 11C, Indirect Fire Infantryman.

3.  There are no orders in the applicant's records showing he was awarded the EIB.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not show the EIB as an authorized award in Block 9 (Awards, Decorations and Campaigns). 

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the EIB in Germany.  However, the available evidence does not support that the applicant was ever qualified for, or awarded the EIB.

2.  The available evidence is not sufficient to support the applicant's request for award of the EIB.

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)                                         AR20100020117



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ABCMR Record of Proceedings (cont)                                         AR20100020117



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