Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003083648C070212
Original file (2003083648C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2003083648

         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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 he be awarded the Expert Infantryman Badge (EIB).

APPLICANT STATES: That he met the qualifications for award of the EIB by virtue of his graduation from the Infantry School at Fort Benning, Georgia and his completion of Comprehensive Performance Training at Fort Riley, Kansas, which also was not included on his report of separation (DD Form 214).

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted on 3 January 1977 for a period of 3 years, training as an infantryman, assignment to the 1st Infantry Division and a cash enlistment bonus. He completed his basic combat training at Fort Leonard Wood, Missouri, and was transferred to Fort Benning to undergo his advanced individual training (AIT) as a light weapons infantryman.

He successfully completed his AIT and was transferred to Fort Riley, where he was assigned to A company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division. He was subsequently assigned to 4th Cavalry Regiment, where he remained until he was transferred to Korea on 3 December 1979.

He completed his tour in Korea and was transferred to Oakland Army Base, California, on 10 December 1980, where he was honorably released from active duty in the pay grade of E-5, on 11 December 1980, under the provisions of Army Regulation 635-200, chapter 5, due to a short time remaining on active duty, which precluded reassignment. He had served 3 years, 11 months and 9 days of total active service and was awarded the Army Commendation Medal and the Good Conduct Medal.

A review of his records shows that he completed a 7-week Individual Effectiveness Course at the Army Retraining Brigade, which consisted of combat skills training. There is no indication that the applicant was ever awarded the EIB or that he participated in an EIB Program.

Army Regulation 600-8-22 prescribes the prerequisites for award of the EIB. It provides, in pertinent part, that individuals holding an 11 series infantry military occupational specialty may participate in the EIB Program and must meet the prerequisites and take a test prescribed by the Army Infantry Center with an infantry unit of at least battalion size. Awards of the EIB are published in orders upon graduation from the program.

Army Regulation 635-5 serves as the authority for preparation of the DD Form 214. It provides, in pertinent part, that only non-combat arms courses will be listed on the DD Form 214 under military education.

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. 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. In order to be awarded the EIB, individuals must complete and pass all requirements of a duly constituted EIB Program. While the Board has noted his contentions, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case. Accordingly, there is no basis to award him the EIB at this time.

3. The Board has also noted his contention that his combat arms type courses should be on his DD Form 214 and finds them to be without merit. The applicable regulation prohibits such entries. Accordingly, it appears that his DD Form 214 is correct.

4. 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

__lem___ ___fe ___ ___lb ___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003083648
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 158 107.0112/eib
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060001562C070205

    Original file (20060001562C070205.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected: to show all awards, decorations and medals he is authorized; all service schools he completed; and that he was assigned to the 6th Ranger Company. The applicant provides: a. The applicant is entitled to award of the Ranger Tab based upon his Certificate of Training issued by the US Army Infantry School showing he successfully completed Ranger Training with the 6th...

  • ARMY | BCMR | CY2007 | 20070003973

    Original file (20070003973.txt) Auto-classification: Denied

    The applicant's military personnel records do not contain General Orders or other evidence that show he was awarded the ARCOM. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. However, the critical document that would justify...

  • ARMY | BCMR | CY2012 | 20120004874

    Original file (20120004874.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 11 (Primary Specialty) – 3 years, 10 months, and 15 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Order of the Spur * Combat Infantryman Badge (CIB) * Expert Infantryman Badge (EIB) * Purple Heart * Army Achievement Medal (AAM) (2nd Award) * item 14 (Military Education) – * Airborne School, 3 weeks, February...

  • ARMY | BCMR | CY2005 | 20050000276C070206

    Original file (20050000276C070206.doc) Auto-classification: Denied

    There is no evidence in the applicant's records that shows he was awarded the EIB. Evidence of records shows the applicant took the EIB test, but the EIB was not awarded because he did not meet the prerequisite and qualify as Expert with the M-16 rifle within one year prior to taking the EIB test. In addition, documentation provided by the applicant shows that he requested an exception to the policy regarding award of the EIB.

  • ARMY | BCMR | CY2005 | 20050002127C070206

    Original file (20050002127C070206.doc) Auto-classification: Approved

    On 17 November 1984, the applicant’s commander notified the applicant in writing that he was initiating action to separate him from the service for unsatisfactory performance under the provisions of Army Regulation 635- 200, chapter 13. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. The Board determined that the evidence presented was sufficient...

  • ARMY | BCMR | CY2007 | 20070001706C071029

    Original file (20070001706C071029.doc) Auto-classification: Denied

    The applicant submitted an application that included a request that his record and separation documents be corrected by adding all awards to which he was entitled on 13 October 1994. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents showing that the applicant ever completed EIB certification or that he was awarded the EIB or a Driver's Badge by proper authority at anytime during his military service. By regulation, in order to support award...

  • ARMY | BCMR | CY2005 | 20050002655C070206

    Original file (20050002655C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, award of the Meritorious Service Medal (MSM), Army Good Conduct Medal (AGCM), Expert Infantryman Badge (EIB), and Marksman Qualification Badge with Machine Gun Bar (M-60). As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 24 July 1969 through 26 January 1972. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2008 | 20080008740

    Original file (20080008740.txt) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to show his service in the Dominican Republic in 1965 and his awards of the Expert Infantryman Badge (EIB), the Combat Infantryman Badge, and any other awards he is entitled to as a result of his service in the Dominican Republic. Additionally, the evidence of record shows that the applicant was entitled to award of the NDSM and it appears that he should have been awarded the GCMDL for the period of 20 June 1962 to 18 June...

  • ARMY | BCMR | CY2005 | 20050013698C070206

    Original file (20050013698C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart, Combat Infantryman Badge, Bronze Star Medal with "V" Device, Noncommissioned Officer Candidate (NCOC) Course, On-The-Job Training (OJT), Advance Individual Training (AIT), and Expert Marksmanship Qualification Badge with Rifle Bar (M16). COUNSEL’S REQUEST, STATEMENT AND EVIDENCE: On 24 May 2006, the Army Board for...

  • ARMY | BCMR | CY2011 | 20110001633

    Original file (20110001633.txt) Auto-classification: Approved

    The applicant provides: * NAVPERS (Navy Personnel) 1650/65 (Transmittal of and/or Entitlement to Awards) * Diploma of completion of the Infantry NCO Candidate Course * DA Form 20 (Enlisted Qualification Record) * Special Orders Number 306 (promotion to sergeant) CONSIDERATION OF EVIDENCE: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. ...