RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050000276


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Expert Infantryman
Badge.

2.  The applicant states, in effect, that he did not have the opportunity
to meet the weapons qualification prerequisite within the previous 12
months of taking the test for the Expert Infantryman Badge (EIB), which
resulted in him being denied award of the EIB.

3.  The applicant provides a self-authored statement; a copy of his DD Form
4 (Enlistment / Reenlistment Document), dated 12 July 1995; an extract of
U.S. Army Infantry Center Pamphlet 350-6, dated December 1992; documents
relating to his EIB test performance in August and September 1995; DA Form
3595-R (Record Fire Scorecard), dated 4 May 1996; and documentation
pertaining to his prior efforts related to obtaining award of the EIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 July 2003, the date of his discharge.  The application
submitted in this case is dated 21 December 2004.

2.  The applicant's records show that he enlisted in the Regular Army on
20 October 1987 and was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantry).  He separated from active duty on 19 October 1989
and transferred to the Illinois Army National Guard.  The applicant
subsequently enlisted in the Iowa Army National Guard on 12 July 1995.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge From
Active Duty), with an effective date of 19 October 1989, shows that he was
awarded the Sharpshooter Badge (Rifle & Hand Grenade).

4.  There is no evidence in the applicant's records that shows he was
awarded the EIB.

5.  The applicant provided a FB Form 20-36R (Individual Score Sheet), which
shows he was tested in August and September 1995 on tasks related to award
of the EIB.  The Remarks section of the document contains the entry, "EIB
not awarded.  SGT DeThorne did not meet prerequisite...qualify expert with
M-16 rifle".

6.  The applicant also provided a copy of Headquarters, 2nd Brigade, 34th
Infantry Division {Iowa Army National Guard} memorandum, subject:  EIB
After Action Report, dated 26 September 1995, which shows a summary of the
EIB test results where 24 Soldiers were tested and none were awarded the
EIB.  The document is signed by the 2nd Brigade's Assistant S-3.  A FB Form
20-35-R (EIB After Action Repot) for the corresponding test dates is
attached as an enclosure, which shows, "Total Candidates Tested  24, Total
EIBs Awarded  0".

7.  The applicant provided documentation which shows his efforts in
pursuing award of the EIB.  He has contacted members of his former command
regarding award of the EIB, including the Director of the Army National
Guard, who acknowledged receipt and advised the applicant that he had
forwarded his request for award of the EIB to the Iowa Army National Guard.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures for awards, and Paragraph 8-8 provides for award of the EIB.  To
be eligible for testing and award of the EIB, a soldier must have an
infantry or special forces MOS.  Award of the EIB requires that an
individual must also meet all the prerequisites and satisfactorily complete
the prescribed proficiency tests while assigned or attached to an infantry
unit of at least battalion size.

9.  U.S. Army Infantry Center (USAIC) Pamphlet 350-6 (The Expert
Infantryman Badge (EIB) Test), dated December 1992, in effect at the time
the applicant tested for the EIB, prescribes eligibility requirements of
EIB candidates.  It shows that, to be eligible for the EIB, the candidate
must meet prerequisites before the start date of the EIB test and that the
prerequisites are to be completed within the one year period prior to
taking the EIB test.  The document further shows that a candidate must
qualify as expert with the M16A1 or M16A2 rifle in accordance with Field
Manual 23-9.  The document also shows that exceptions to the instructions
in the pamphlet may be requested in writing through command channels to the
Commandant, U.S. Army Infantry School (ATSH-OTT-T), Fort Benning, Georgia
31905-5593.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that, prior to taking the EIB test, his
level of qualification with a rifle was as a Sharpshooter.

2.  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.

3.  The applicant contends, in effect, that he should be awarded the EIB
because he was not afforded an opportunity to go to the range to complete
the weapons
qualification prerequisite within the one year period prior to taking the
EIB Test, which precluded him from being eligible for award of the EIB.
The applicant provided insufficient evidence that he was denied the
opportunity to qualify with his weapon by his chain of command within the
one year period prior to the EIB test.

4.  The applicant contends, in effect, that there simply are no procedures
for exceptions or appeals set forth in the regulations.  However, USAIC
Pamphlet 350-6 states that exceptions to the instructions in the pamphlet
may be requested in writing through command channels to the Commandant,
USAIC.
In addition, documentation provided by the applicant shows that he
requested an exception to the policy regarding award of the EIB.  However,
the applicant provides no information or documentation regarding the
official response or decision he received from the Adjutant General of the
Iowa Army National Guard, or the Commandant, USAIC, regarding his request
for exception to policy concerning award of the EIB.

5.  The applicant has failed to provide sufficient evidence concerning his
request for an exception to policy, and his official records are silent,
concerning award of the EIB.  Therefore, he is not entitled to award of the
Expert Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __JTM__   __JBG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.







                                  ____  Melvin H. Meyer_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000276                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0114.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


10.  Army Regulation 15-185 governs the operations of the ABCMR.  Paragraph
2-5 of this regulation states that the ABCMR will not consider an
application until the applicant has exhausted all administrative remedies
to correct the alleged error or injustice.

-----------------------
[pic]