BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130011696 


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 (EIB).

2.  The applicant states:

* he was awarded the EIB and promoted to E-4 while stationed in Europe in 1972
* his DD Form 214 fails to show his award of the EIB
* he was transferred to Fort Benning, GA, for his projected transition not long after earning his EIB
* the badge represents 10 months of vigorous physical training

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States on 16 November 1970.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  He arrived in Europe in May 1971.  He was advanced to the rank/pay grade of specialist four (SP4)/E-4 effective 23 July 1971.

3.  Headquarters, 1st Infantry Division (Forward) Special Orders Number 228, dated 16 August 1971, awarded him the EIB.

4.  He departed Europe in March 1972 and he was honorably released from active duty in the rank of SP4 on 15 November 1972.

5.  His DD Form 214 does not show the EIB as an authorized award.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant was awarded the EIB.  Therefore, his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

__x___  _x_______  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented Is 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 award of the EIB to 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)                                         AR20130011696



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011696



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1