| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Expert Infantryman Badge (EIB).
APPLICANT STATES: In effect, that he underwent EIB training and testing during his tenure with the 101st Airborne Division.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001058972) on
25 September 2001.
The applicant submits four excerpts from the recently published 2nd Edition of the Turner Publishing Company history of the 101st Airborne Division. He contends that three of the four pages speak to his service record and give credence to material sent in his original application. The fourth page (p.95) is a synopsis of major activity within the division during 1965 and clearly indicates the entire division underwent EIB training and testing during the applicant’s tenure with the 101st Airborne Division.
The applicant’s submissions are new evidence that require Board consideration.
Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge. 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.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board noted the applicant’s contention that he underwent EIB training and testing during his tenure with the 101st Airborne Division. The Board also noted the documentation provided by the applicant which states that “The Division also made a major training move with a division wide push to get as many qualified as possible for the Expert Infantry Badge (EIB).” However, there is no evidence of record available to the Board which shows that the applicant participated in the EIB program or that he satisfactorily completed the prescribed proficiency tests. Therefore, the Board determined that there is insufficient evidence on which to base award of the EIB in this case.
2. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
AAO____ RWA____ KYF_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001065360 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20020402 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0112 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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