ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20170012826 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Expert Infantryman Badge (EIB) * Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * EIB Test Completion Certificate, dated 5 August 2004 * DD Form 214, ending on 22 February 2006 * Deployment Verification Memorandum, dated 9 February 2012 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the applicant's request to add the CIB to his DD Form 214, as this item will be addressed through an administrative correction. 3. His records show he enlisted in the Regular Army on 11 January 2000 and held military occupational specialty (MOS) 11B (Infantryman). 4. He provides a certificate of successful completion of the EIB test, presented by the 2nd Squadron, 11th Armored Cavalry Regiment on 5 August 2004. 5. His record is void of orders awarding him the EIB. 6. On 22 February 2006, he was honorably discharged. 1. 7. Army Regulation states the EIB will be awarded to enlisted personnel who meet the following requirements: * possess a primary MOS in career management field (CMF) 11 or 18B, 18C, 18E, 18F, or 18Z * take the test with an infantry unit of at least the size of a battalion //NOTHING FOLLOWS// BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his MOS, duty positions and units of assignment, the EIB completion certificate and the awards and training entries on his DD Form 214. Based on a preponderance of evidence, the Board determined that the applicant was entitled to award of an EIB and a correction to his DD Form 214 was appropriate. The Board concurred with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 1. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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, in addition to the correction stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 22 February 2006 to add the Expert Infantryman Badge. 7/29/2020 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. ADMINISTRATIVE NOTE(S): Permanent Orders 180-83, dated 29 June 2005, published by Headquarters, 3rd Infantry Division, Camp Liberty, Iraq, awarded the applicant the CIB for service on 28 February 2005. This order is sufficient to correct his DD Form 214 to show the CIB without action by the Board. Further, there was no disqualifying information in the record that would preclude an award of the Army Good Conduct Medal, 1st award. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states that in order to participate in the Expert Infantryman Badge (EIB) program and be awarded the EIB, members must meet the prerequisites and take the test with an infantry unit of at least battalion size. Candidates must meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center and given by authorized commanders.