IN THE CASE OF: BOARD DATE: 2 March 2023 DOCKET NUMBER: AR20220007102 APPLICANT REQUESTS: * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his already-awarded Expert Infantryman Badge * Permission to appear personally before the Board, via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Individual Infantry Training Diploma * Certificate of Achievement * Certificate of Training FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 he earned the Expert Infantryman Badge, on 22 May 1986, when he successfully completed Individual Infantry Training at the U.S. Army Infantry Center, Fort Benning, GA. In support of his request, the applicant provides his Individual Infantry Training Diploma, dated 22 May 1986; a 22 May 1986 1st Infantry Training Brigade Certificate of Achievement, awarded for earning a maximum score on the mid- cycle test; and a Certificate of Training, reflecting the completion of Air Assault training, on 24 October 1986. 3. A review of the applicant's service records shows: a. On 8 January 1986, the applicant enlisted into the Regular Army for 3 years and orders subsequently transferred him to Fort Benning to complete initial entry training (IET) under the one-station-unit-training (OSUT) program; he arrived at Fort Benning, on 13 January 1986. Headquarters, U.S. Army Infantry Center/OSUT orders, dated 30 April 1986, awarded the applicant military occupational specialty (MOS) 11B (Infantryman), effective 22 May 1986. b. Upon graduation from OSUT, orders assigned the applicant to an infantry battalion at Fort Campbell, KY, and he arrived at his new unit, on 7 July1986. Effective 1 May 1987, the applicant's leadership promoted him to specialist four/E-4. c. In or around August/September 1987, the applicant received reassignment instructions for Korea. On or about 17 October 1987, he arrived in Korea, and orders further assigned him to an infantry battalion within the 2nd Infantry Division. On 25 March 1988, the applicant's chain of command awarded him an Army Achievement Medal for meritorious achievement; the award recognized the applicant's contributions as an armorer and his role in helping the unit pass the Battalion Inspection Standards. d. On or about 28 December 1988, the applicant concluded his tour in Korea, and orders changed his station to the Transition Point at Fort Ord, CA. On 29 December 1988, orders honorably released the applicant from active duty and transferred him to the U.S. Army Reserve to serve his remaining military service obligation. His DD Form 214 shows he completed 2 years, 11 months, and 22 days of his 3-year enlistment contract; item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * Army Good Conduct Medal (1st Award) * Army Service Ribbon * Overseas Service Ribbon * Army Lapel Button * Two marksmanship qualification badges e. On 16 November 2016, the applicant petitioned the ABCMR, requesting the Board add his previously-awarded Army Achievement Medal and the Korea Defense Service Medal to his DD Form 214; the Army Review Boards Agency issued an administrative correction and, on 27 June 2018, provided the applicant a DD Form 215 (Correction to DD Form 214) reflecting both awards. f. The applicant's available service records reveal the following: * The service records are void of any Permanent Orders or other documentation confirming the award of the Expert Infantryman Badge * Entries pertaining to the applicant's Skill Qualification Test (SQT), as listed on his 1 September 1988 DA Form 2A (Personnel Qualification Record – Part I), are blank * The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) indicates he qualified as Expert on the M-16 rifle twice: 7 April 1987, and again, on 10 February 1988 4. Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 5. The applicant requests the Board to add his already-awarded Expert Infantryman Badge to his DD Form 214. a. AR 672-5-1 (Military Awards), in effect at the time, prescribed policies and procedures for military awards. Concerning the Expert Infantryman Badge, paragraph 5-9 stated: (1) Eligibility requirements – Enlisted personnel had to be an active member of the U.S. Army and hold a primary MOS in Career Management Field 11 (Infantry). (2) Duty requirements – All personnel having an 11 CMF MOS were eligible to participate in the Expert Infantryman Badge process, regardless of their current assignment, but they had to meet the badge's prerequisites and to take the test within an infantry unit that was least a battalion-sized. (3) Test requirements – prospective awardees had to meet all prerequisites and proficiency tests as outlined in Department of the Army (DA) Circular 350-85-3 (Training –The Expert Infantryman Badge (EIB) Test). b. DA Circular 350-85-3, in effect at the time, standardized the requirements and testing procedures for the Expert Infantryman Badge. (1) Paragraph 1-10 (Conduct of the Expert Infantryman Test). A board made up of at least four infantry officers, with a major serving as the board president, administered the test. Additionally, the board was to include three senior noncommissioned officer (NCO) recipients of either the Combat Infantryman Badge or Expert Infantryman Badge; the senior NCOs consisted of one sergeant major (SGM)/E-9, and two sergeants first class (SFC)/E-7. (2) Paragraph 1-11 (Expert Infantryman Badge Test Subjects). General qualification included the successful completion of all prerequisite test events and the passing of all subject areas evaluated: (a) Prerequisites. The Soldier had to volunteer, receive his commander's recommendation, qualify as Expert on the M-16 rifle, and score 80 percent or higher on the infantry skill qualification test (SQT). (b) Subject Areas: * Army physical readiness test * Land Navigation (day and night) * First Aid * Nuclear, biological, and chemical (NBC) * 12-mile foot march/weapon proficiency test * Survival techniques * Basic individual techniques * Communications * Map reading * M-16A1 rifle * Hand grenades * Mines * Security and intelligence * M203 grenade launcher * M72A2 LAW (Light Anti-Armor Weapon) * M-60 machine gun * Caliber .50 machine gun * Dragon (Shoulder-Fired, Man-Portable Anti-Tank Guided Missile System) (3) Paragraph 1-13 (Awarding the Expert Infantryman Badge). Only after the completion of all requirements outlined in the DA circular was the Expert Infantryman Badge awarded, and the award was announced in orders; additionally, the award was to be listed on the Soldier's DA Form 2 (Personnel Qualification Record). c. AR 350-37 (Army Individual Training Evaluation Program), in effect at the time, prescribed policies and procedures for the evaluation of individual Soldiers. Paragraph 4-4 (SQT – Soldiers to be Tested) stated IET graduates were not to undergo SQT testing until they had been in a unit for 180 days. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation failing to show that the applicant was previously awarded the EIB, and the lack of documentation showing he qualified for the award, the Board recommended denying the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION 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. 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, USC, 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. AR 672-5-1 (Military Awards), in effect at the time, prescribed policies and procedures for military awards. Concerning the Expert Infantryman Badge, paragraph 5-9 stated: a. Eligibility requirements – Enlisted personnel had to be an active member of the U.S. Army and hold a primary MOS in Career Management Field 11 (Infantry). b. Duty requirements – All personnel having an 11 CMF MOS were eligible to participate in the Expert Infantryman Badge process, regardless of their current assignment, but they had to meet the badge's prerequisites and to take the test within an infantry unit that was least a battalion-sized. c. Test requirements – prospective awardees had to meet all prerequisites and proficiency tests as outlined in Department of the Army (DA) Circular 350-85-3 (Training –The Expert Infantryman Badge (EIB) Test). 3. DA Circular 350-85-3, in effect at the time, standardized the requirements and testing procedures for the Expert Infantryman Badge. a. Paragraph 1-10 (Conduct of the Expert Infantryman Test). A board made up of at least four infantry officers, with a major serving as the board president, administered the test. Additionally, the board was to include three senior noncommissioned officer (NCO) recipients of either the Combat Infantryman Badge or Expert Infantryman Badge; the senior NCOs consisted of one sergeant major (SGM)/E-9, and two sergeants first class (SFC)/E-7. b. Paragraph 1-11 (Expert Infantryman Badge Test Subjects). General qualification included the successful completion of all prerequisite test events and the passing of all subject areas evaluated: (1) Prerequisites. The Soldier had to volunteer, receive his commander's recommendation, qualify as Expert on the M-16 rifle, and score 80 percent or higher on the infantry skill qualification test (SQT). (2) Subject Areas: * Army physical readiness test * Land Navigation (day and night) * First Aid * Nuclear, biological, and chemical (NBC) * 12-mile foot march/weapon proficiency test * Survival techniques * Basic individual techniques * Communications * Map reading * M-16A1 rifle * Hand grenades * Mines * Security and intelligence * M203 grenade launcher * M72A2 LAW (Light Anti-Army Weapon) * M-60 machine gun * Caliber .50 machine gun * Dragon (Shoulder-Fired, Man-Portable Anti-Tank Guided Missile System) c. Paragraph 1-13 (Awarding the Expert Infantryman Badge). Only after the completion of all requirements outlined in the DA circular was the Expert Infantryman Badge awarded, and the award was announced in orders; additionally, the award was to be listed on the Soldier's DA Form 2 (Personnel Qualification Record). 4. AR 350-37 (Army Individual Training Evaluation Program), in effect at the time, prescribed policies and procedures for the evaluation of individual Soldiers. Paragraph 4-4 (SQT – Soldiers to be Tested) stated IET graduates were not to undergo SQT testing until they had been in a unit for 180 days. 5. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007102 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1