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ARMY | BCMR | CY1980-1989 | 8908785
Original file (8908785.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That the Board reverse its previous action which denied his application for failure to timely apply on his request for the expert infantryman badge (EIB), and consider the merits of the application. The applicant still contends that he is entitled to the award of the EIB.
PURPOSE : To determine if the new information and/or contentions now submitted by the applicant, when added to the information already available, contains sufficient justification to conclude that the application was filed within the time required, or if not, whether it could be in the interest of justice to excuse the applicant’s failure to file his original application which had been denied by the Board.

NEW EVIDENCE OR INFORMATION : In support of the current request, the applicant has submitted new evidence.

Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 29 May 1991 (COPY ATTACHED).

War Department Circular 408, dated 17 October 1944, provided the requirements for the EIB and the combat infantryman badge (CIB), award, and additional pay. Effective 1 November 1944, the award of the EIB and the CIB was restricted to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization or tables of organization and equipment.

War Department Circular 93, dated 24 March 1945, rescinded a portion of War Department Circular 408. It added that officers, warrant officers, and enlisted men in infantry training regiments and battalions of replacement training centers, schools, and replacement depots were eligible for the award of the EIB.

On 11 April 1945, the applicant was transferred to the 629th Replacement Company from Company B, 670th Tank Destroyer Battalion.

On 20 December 1989, the U.S. Army Reserve Personnel Center (ARPERCEN) advised the applicant’s son that the applicant’s records were intact and at the ARPERCEN. On 19 January 1990, the ARPERCEN advised the applicant’s son that to recall the applicant’s record would further delay his case pending before the Board; and that, once the applicant’s case had been finalized by the Board, they would respond to any remaining questions that he may have.

A letter, dated 5 February 1992, from the Chief, Historical Services Division, The Center of Military History, Department of the Army, advised the applicant’s son that the
629th Replacement Company was originally activated on 10 April 1945 at Schofield Barracks and assigned to the Replacement Training Command; that it was relieved from the command and assigned to the 123d Replacement Battalion on 16 April 1945; that it was reassigned to the 13th Replacement Depot on 20 November 1945; that the company was inactivated at Schofield Barracks on 10 January 1946; that the unit was redesignated as the 986th Replacement Company and activated on Long Island, New York, in March 1949; and that it was inactivated in 1950 and disbanded in 1989.

The U.S. Total Army Personnel Command (PERSCOM), in a comment (COPY ATTACHED) to the Board, advised that that a review of the documentation provided by the applicant does not provide sufficient new evidence to warrant reconsideration of his petition for the award of the EIB. War Department Circulars 408 and 93 only established the types of infantry units soldiers had to be assigned to in order to be eligible for the award of the EIB. However, War Department Circular 322, dated 11 December 1943, established the qualification standards of proficiency criteria for the EIB and the tests and courses required to be completed for the award of the EIB. Assignment to an infantry unit did not automatically entitle an individual to the award of the EIB. A review of the applicant’s Official Military Personnel File failed to document that he ever attained the standards of proficiency established in War Department Circular 322 for the award of the EIB. His Service Record contains no entries showing that he ever qualified for the award of the EIB while serving on active duty during the period 4 June 1939 to 15 September 1945. Therefore, the applicant is not entitled to be considered for the award of the EIB. The PERSCOM recommended denial of the applicant’s request for reconsideration.

DISCUSSION : After considering all the evidence, allegations, and information presented by the applicant with the current request, together with the previously available evidence of record, the advisory opinion(s), and the applicable law and regulations, the Board again concludes that the applicant has not presented, nor do the records contain, sufficient justification to establish that it would be in the interest of justice to excuse the failure to file within the time prescribed by law.

DETERMINATION : The original determination made by the Board in this case is reaffirmed.

BOARD VOTE:

EXCUSE FAILURE TO TIMELY FILE

GRANT FORMAL HEARING

CONCUR WITH DETERMINATION




                  Karl F. Schneider
                  Acting Director

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