IN THE CASE OF: BOARD DATE: 30 June 2022 DOCKET NUMBER: AR20210014231 APPLICANT REQUESTS: Expert Infantryman Badge (EIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Newspaper article * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 applicant states the attached article shows that he did receive the EIB while with the 1st Brigade at Fort Ord, CA. 3. His military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the Former Service Member’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records which primarily consist of his DD Form 214 which shows: a. He enlisted in the Illinois Army National Guard (ILARNG) around March 1958. He was ordered to active duty for training on 25 October 1958. He held specialty number 112.00 (Heavy Weapons Infantryman). b. He was honorably released from active duty and transferred to ILARNG on 24 April 1959. His DD Form 214 shows he completed 6 months of net service this period. It also shows he was awarded or authorized: Sharpshooter Marksmanship Qualification Badge (Rifle M-1). c. There are no certificates, diploma, or orders in the available record, or provided by the applicant, confirming he was awarded the EIB. 4. The applicant provided an undated newspaper article showing the EIB, only the 15th in the history of the 1st Brigade at Fort Ord, CA, was presented to the applicant. To qualify for the badge, he fired better than sharpshooter with the M-1 rifle, marched 12 miles in three hours with a combat pack, and had a character rating of excellent. The brigade commander pinned the award. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that there are no certificates, diploma, or orders in the available record, or provided by the applicant, confirming he was awarded the EIB. The Board also noted that he provided an undated newspaper article showing the EIB was presented to the applicant. Although it is unclear when the EIB was presented, the Board determined to accept this newspaper article as sufficient evidence to add the EIB to his DD Form 214. 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, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Expert Infantryman Badge to his DD Form 214. 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) states 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 status and must have an infantry or special forces specialty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014231 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1