RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 October 2006
DOCKET NUMBER: AR20060004525
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth L. Wright | |Chairperson |
| |Mr. Thomas M. Ray | |Member |
| |Ms. Sherry J. Stone | |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:
The applicant, in effect, defers to his counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests, in effect, reconsideration of the applicant’s earlier
request to award him the Combat Infantryman Badge.
2. Counsel states, in effect, that the DD Form 215 (Correction to DD Form
214), dated 17 October 2005, seems to contradict the Board’s 2 February
2006 decision.
3. Counsel provides a copy of the 17 October 2005 DD Form 215.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050007463, on 2 February 2006.
2. There is no copy of the subject DD Form 215 in the applicant’s
reconstructed records.
3. A search of the Korean War era historical file of E Company, 2nd
Battalion, 9th Infantry Division failed to provide any data to substantiate
the applicant’s eligibility for award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The practice of the Army Board for Correction of Military Records and
the staff is to not make the applicant any worse off as the result of
having applied. Therefore, it should not be concluded that the unsigned
subject DD Form 215 is invalid.
2. The appropriate determination is simply that there is no available
evidence to substantiate the information contained in the DD Form 215,
dated 17 October 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ __SJS___ __TMR __ 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 to amend the decision of
the ABCMR set forth in Docket Number AR20060007463, dated 2 February 2006.
___Kenneth L. Wright____
CHAIRPERSON
INDEX
|CASE ID |AR20060004525 |
|SUFFIX | |
|RECON |2006/10/05 |
|DATE BOARDED | |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |. |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|107.00 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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