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ARMY | BCMR | CY2002 | 2002067903C070402
Original file (2002067903C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF
         


         BOARD DATE: 19 November 2002
         DOCKET NUMBER: AR2002067903

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun Director
Ms. Lee Tinsley Analyst


The following members, a quorum, were present:
Mr. John N. Slone Chairperson
Mr. Melvin H. Meyer Member
Ms. Sherri V. Ward Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
         The applicant requests correction of military records as stated in the application to the Board and as restated herein.
         The Board considered the following evidence:
         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That her award of the Expert Infantryman Badge (EIB) be changed to the Expert Field Medical Badge (EFMB) on her enlisted
DD Form 214 (Certificate of Release or Discharge from Active Duty).

 APPLICANT STATES : That she was never awarded the EIB but was awarded the EFMB. She goes on to state that she noticed the error when she was updating her Officer Record Brief (ORB) and had the award of the EIB and was told that it was also on her enlisted DD Form 214.
EVIDENCE OF RECORD : The applicant's military records show:

 On 7 February 1991, she enlisted into the Regular Army in Military Occupational Specialty (MOS) 91E (Dental Specialist). On 23 August 1998, she was discharged from her enlisted status to enter an officer-commissioning program. The applicant's DD Form 214 shows that she attended an Expert Field Medical Badge course that lasted 1 week. It also shows that she was awarded the Expert Infantryman Badge although there were no orders to support this entry.
She was appointed an Army Reserve second lieutenant in the Transportation Corps with concurrent call to active duty on 15 December 2000. She continues to serve on active duty as a second lieutenant.

On 29 April 2002, the Awards Branch at the Total Army Personnel Command (PERSCOM) provided an advisory opinion. The opinion stated that the EFMB is awarded to enlisted personnel who have an Army Medical Department MOS, which includes all MOSs in Career Management Field 91 and have successfully passed all proficiency tests prescribed in Training Circular 8-100. Award of the EFMB is announced in Permanent Orders, recorded on the individual's Enlisted Qualification Record – Part II (DA Form 2-1), and a copy of the Permanent Order filed in the Official Military Personnel file (OMPF).

The opinion also notes that an administrative error occurred when the award of the EIB was recorded on the applicant's DD Form 214 at the Army Transition Point. The applicant did not possess an infantry or special forces MOS and was not qualified for or entitled to an award of the EIB.

On 29 April 2002, the PERSCOM Awards Branch issued the applicant a
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) amending the applicant's DD Form 214 removing the EIB. The opinion further stated that the applicant's request should be denied because there is no evidence that she was awarded the EFMB.

 Army Regulation 600-8-22 provides policy for Army awards and states that formal recommendations and approval in the chain of command are required for all decorations. All awards must be announced or published in general or permanent orders.
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There are no Permanent Orders awarding the EFMB in the applicant’s record. The fact that the applicant completed the Expert Field Medical Badge course is not sufficient evidence that she completed all the requirements for or was awarded the EFMB.
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

__js____ ___mm___ __sw____ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2002067903
SUFFIX
RECON
DATE BOARDED 20021119
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107 Expert Field Medical Badge
2.
3.
4.
5.
6.




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