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ARMY | BCMR | CY2002 | 2002076404C070215
Original file (2002076404C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002076404


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to add the Expert Infantryman Badge (EIB).

3. The applicant states that he earned the EIB but separated before he could receive a copy of the orders. He provides no supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 30 August 1995. He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman). He completed basic airborne training. He was assigned to Headquarters and Headquarters Company, 2d Battalion, 75th Ranger Regiment, Fort Lewis, WA.

5. The applicant was released from active duty on 12 June 1998 after completing 2 years, 9 months, and 13 days of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

6. There are no orders awarding the applicant the EIB in his Official Military Personnel File.

7. Permanent Order 170-13, Headquarters, 2d Battalion, 75th Ranger Regiment, dated 18 June 1998, awarded the applicant the Army Good Conduct Medal for the period 29 August 1995 to 28 August 1998.

8. Army Regulation 600-8-22 prescribes Army policy and procedures for awards. In pertinent part it 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.

9. Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

CONCLUSIONS:

1. There is no evidence of record to show the applicant was awarded the EIB and so it cannot be entered on his DD Form 214.
2. It is noted that the applicant was awarded the Army Good Conduct Medal; however, this award is not listed on his DD Form 214. It is also noted that the orders awarding him the Army Good Conduct Medal incorrectly indicate both the beginning date and the ending date for this award. His qualifying period of service was 30 August 1995 (date of enlistment) through 12 June 1998 (date of separation).

3. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1. That Permanent Order 170-13, Headquarters, 2d Battalion, 75th Ranger Regiment, dated 18 June 1998, awarding applicant the Army Good Conduct Medal be amended to show the period of service to be 30 August 1995 through 12 June 1998.

2. That the Army Good Conduct Medal be added to the applicant's DD Form 214.

3. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:


__MKP__ __JLP _ __MMB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson _
                  CHAIRPERSON



INDEX

CASE ID AR2002076404
SUFFIX
RECON
DATE BOARDED 2003/01/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0112
2.
3.
4.
5.
6.



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