IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100017213
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 May 1993 to show the Expert Infantryman Badge (EIB), Air Assault Badge, and a second award of the Army Achievement Medal (AAM).
2. The applicant states:
* he received the EIB on 15 July 1990
* he received the Air Assault Badge in August 1990
* he received the AAM for his duty during the 1991 Los Angeles riots
* his Army certificates were destroyed in 1998 in a house fire
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 February 1990 for a period of 3 years and 14 weeks. He was awarded military occupational specialty 11B (infantryman). On 27 May 1993, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
2. The applicant's DD Form 214 for the period ending 27 May 1993 shows the Army Service Ribbon, National Defense Service Medal, AAM, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar as authorized awards.
3. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows entitlement to the Army Service Ribbon, National Defense Service Medal, one award of the AAM, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.
4. There are no orders for the EIB in the available records.
5. There are no orders for the Air Assault Badge in the applicant's service personnel records. There is also no evidence in his records which shows he completed an Air Assault course.
6. Headquarters, 7th Infantry Division (Light), Permanent Orders 215-110, dated 18 November 1991, show the applicant received the AAM for meritorious achievement for the period 21 September 1991 to 10 October 1991. Item 13 (Previous Awards) of his DA Form 638-1 (Recommendation for Award) shows only the National Defense Service Medal.
7. There are no orders for a second award of the AAM in the available records.
8. On 2 September 2009, the applicant again enlisted in the Regular Army for a period of 3 years and 25 weeks in pay grade E-3. He is currently serving on active duty in the rank of specialist.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards. Paragraph 8-8 provides for award of the EIB. Award of the EIB 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 EIB, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
10. Army Regulation 600-8-22 sets forth requirements for award of the Air Assault Badge. Award of the Air Assault Badge requires that an individual must have satisfactorily completed an Air Assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or have completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. There is no retroactive date for this badge.
11. Army Regulation 600-8-22 provides that the AAM is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant was awarded an infantry specialty, there is no evidence of record which shows he completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Therefore, there is insufficient evidence on which to base award of the EIB in this case.
2. There is no evidence of record and the applicant provided no evidence which shows he completed the Air Assault course. Therefore, there is insufficient evidence on which to base award of the Air Assault Badge in this case.
3. Orders show the applicant received one award of the AAM which is properly reflected on his DD Form 214. Since there are no orders for a second award of the AAM, there is insufficient evidence on which to base a second award of the AAM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ___X____ 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.
_______ _ X______ ___
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.
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