IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080000856
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for award of the Expert Infantryman Badge.
2. The applicant states that his request for the Expert Infantryman Badge was denied because the Board stated his military occupational specialty (MOS) was truck driver. However, if the Board will go back in his record they will find that his training was advanced infantry training. (In his original application, he stated his qualifications are A.I.T. with the 40th Infantry Div at Fort Hood, TX.) He had this (infantry) MOS in Korea until about a month or two before leaving, when they changed his MOS to promote him to E-4. He was in Korea for at least 16 months with the infantry MOS and Korea, at that time, was considered a war zone up on the demilitarized zone.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter, dated 7 November 2007, from the Reviews Board Agency, Support Division, St. Louis, MO.
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 AR20060014228 on 10 April 2007.
2. The applicant provides a new argument that will be considered by the Board.
3. The applicants records are not available for review. This case will be considered using information contained on his DD Form 214 and in his previous ABCMR case.
4. The applicant enlisted in the Regular Army on 5 December 1960. He arrived in Korea on 14 May 1961 and was assigned to Headquarters and Headquarters Company, 1st Brigade, 8th Cavalry. He returned to the States on 4 September 1961. He was promoted to pay grade E-4 on 10 July 1963. He was honorably released from active duty on 4 December 1963.
5. Army Regulation 672-5-1 (Awards), the governing regulation in effect at the time, paragraph 98, prescribed the eligibility requirements for award of the Expert Infantryman Badge. It stated an individual must have been an infantry officer or enlisted man, or a warrant officer with an infantry MOS, who had satisfactorily completed the proficiency tests prescribed by Army regulations while assigned to an infantry unit of regimental or smaller size; or when assigned to, or attending a course of instruction at, the U. S. Army Infantry School.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants records are not currently available, the available evidence indicates that he was not awarded the Expert Infantryman Badge (he did not contend that he was) and that he was not eligible for award of the Expert Infantryman Badge.
2. The Expert Infantryman Badge is not awarded solely because a Soldier holds an infantry MOS or because he is assigned to an infantry unit under combat conditions.
3. Award of the Expert Infantryman Badge required that certain prescribed proficiency tests must have been satisfactorily completed under two conditions. The tests must have been completed either while assigned to or attending a course of instruction at the U. S. Army Infantry School (and the applicant does not contend that he ever was assigned to or attended a course of instruction at the Infantry School) or while assigned to an infantry unit of regimental or smaller size.
4. The applicant states he completed advanced infantry training while in the 40th Infantry Division; however, that was an infantry unit larger than a regiment. (AIT actually stands for advanced individual training and is normally the designation for initial entry training in any MOS.) The applicant may have been assigned to an infantry unit while in Korea; however, there is no evidence to show and he does not contend that he completed the proficiency tests required for award of the Expert Infantryman Badge while in the unit.
5. Regrettably, there is still insufficient evidence that would warrant awarding the applicant the Expert Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX___ ___XX___ __XX___ 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 AR20060014228 dated 10 April 2007.
_ ______XX ____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000856
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ABCMR Record of Proceedings (cont) AR20080000856
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