IN THE CASE OF: BOARD DATE: 14 November 2014 DOCKET NUMBER: AR20140006164 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 (Certificate of Release or Discharge from Active Duty) to show the Expert Infantryman Badge (EIB) and any additional commendations for his service in support of Operation Desert Shield/Storm. 2. The applicant states he received the EIB on 7 June 1990 and he was separated from the Army on 27 July 1990. The short period of time between receipt of the EIB and his Army separation date is the reason for the omission in his records. 3. The applicant provides: * his DD Form 214 for service from 31 January through 10 March 1991 * Headquarters, 3rd Battalion, 502nd Infantry, 101st Airborne Division Certificate of Achievement for the Expert Infantryman's Badge, dated 7 June 1990 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 5 October 1988 and he successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Infantryman). 3. On 27 July 1990, he was honorably released from active duty for the convenience of the government under the 1990 Early Transition Program after completing 1 year, 9 months, and 23 days of total active service. 4. The applicant's DD Form 214 from that service period shows the following: * Air Assault Badge * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar * Army Lapel Button 5. The applicant was ordered to active duty in support of Operation Desert Shield/Storm from 31 January through 18 March 1991, completing 1 month and 18 days of active service and he was issued a DD Form 214 for that period of honorable service. 6. The applicant's DD Form 214 issued on 18 March 1991 reflects the following additional item, the National Defense Service Medal. 7. On 30 January 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214) for the DD Form 214 issued on 18 March 1991. The DD Form 215 reflects the Overseas Service Ribbon. 8. Neither of the two DD Forms 214 issued to the applicant nor the subsequent DD Form 215 show award of the EIB. 9. The applicant provides Headquarters, 3rd Battalion, 502nd Infantry, 101st Airborne Division Certificate of Achievement for the EIB, dated 7 June 1990. 10. There are no orders in the applicant's service personnel records awarding him the EIB or any other commendations, awards, or decorations that are not listed on his DD Form 214. 11. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the EIB. 12. Army Regulation 600-8-22 (Military Awards) states 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 provided a Certificate of Achievement for the EIB dated 7 June 1990, but there are no orders that show he passed the EIB test or that he was awarded the EIB. 2. Additionally, there is no evidence of record that the applicant is entitled to further commendations that are not listed on his DD Form 214. Therefore, there is an insufficient evidentiary basis for granting his request. 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) AR20140006164 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140006164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1