BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000751 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000751 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000751 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 award of the Expert Infantryman Badge and the Expert Marksmanship Qualification Badge. 2. He states that he was awarded the Expert Marksmanship Qualification Badge during his Basic Combat Training (BCT) and he earned the Expert Infantry Badge at his permanent duty station. He would like these achievements reflected in his record. 3. He provides his DD Form 214, ending 2 July 1991. 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. Having prior active duty service, the applicant enlisted in the Regular Army on 7 March 1989. 3. He completed his initial training in military occupational specialty (MOS) 11B (Infantryman) and MOS 11M (Fighting Vehicle Infantryman) at Fort Benning, GA in 1989. 4. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 4 April 1989. 5. On 10 July 1989, he was assigned to Company B, 3rd Battalion, 15th Infantry, Fort Stewart, GA. 6. On or about 26 June 1990, the applicant entered the Physical Disability Evaluation System (PDES) for further evaluation of his left shoulder pain and exercised induced asthma. The Physical Evaluation Board (PEB), upon reconsideration, found that his left shoulder pain and permanent profile, made the applicant unfit for further military service in the rank of private first class and MOS 11M. The PEB recommended separation with severance pay. 7. On 2 July 1991, he was discharged from the Medical Holding Company, Fort Stewart, GA, by reason of physical disability with severance pay. His DD Form 214 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Hand Grenade Bar. 8. His record is void of evidence to show he completed and passed the proficiency test for the Expert Infantryman Badge or that orders were published awarding him the Expert Infantryman Badge. REFERENCES: Army Regulation (AR) 600-8-22 (Military Awards) states: a. the award of the Expert Infantryman Badge 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 Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty. Commanders of U.S. Army training centers have the authority to test and award the badge. b. This same AR states that the basic marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. DISCUSSION: 1. Award of the Expert Infantryman Badge requires the completion of proficiency testing prior to the issuance of orders. The applicant's record is void of evidence to show he completed and passed the proficiency test for the Expert Infantryman Badge or that orders were published awarding him the Expert Infantryman Badge. 2. His DA Form 2-1 shows he qualified as a marksman with the M16 rifle on 4 April 1989 and there are no entries showing he underwent subsequent marksmanship qualification testing after this date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2