BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012796
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 the previous Army Board for Correction of Military Records (ABCMR) decision in Docket Number AR20130018884 on 26 June 2014. Specifically, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Expert Infantryman Badge (EIB).
2. The applicant states, in effect, that the board's denial was due to the fact that he could not provide nor had no evidence of proof for the EIB. He has contacted several former Soldiers whom he went through the training and testing process with in order to see if anyone had any documentation. Only one person had orders; however, those orders only listed him. The others did not have orders and they too were missing the badge on their DD Form 214. The applicant contends that someone at the company level neglected to process the orders since more than several former Soldiers were missing their orders and badges.
3. The applicant provides a letter of support from a former Soldier in his unit, his team leader at that time who went through the EIB testing with him.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130018884 on 26 June 2014.
2. The applicant provides a letter of support from a former Soldier in his unit, his team leader at that time who went through the EIB testing with him. It appears this information was not previously considered by the Board; therefore, this new evidence will now be considered.
3. The applicant enlisted in the Regular Army on 24 February 1999. He completed his initial entry training and held military occupational specialty (MOS) 11B (Infantryman).
4. On 18 July 2000, he was honorably discharged from the Army. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the EIB.
5. There are no orders in the applicant's service personnel records awarding him the EIB.
6. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not show award of the EIB.
7. In an undated, unsigned statement, the applicant's former team leader states:
* he was the applicant's team leader and was responsible to ensure the applicant went through the testing process
* the applicant did, in fact, complete and pass the EIB qualifications for awarding of the badge
* the applicant departed the unit prior to issuance of certificates and badges to the awardees
* his EIB is not listed on his DD Form 214, even though he has an EIB certificate with the commander's signature
8. Army Regulation 600-8-22 (Military Awards) states 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 status and must have an infantry or special forces MOS. Orders are required to confirm award of this badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for reconsideration of his previous request for correction of his DD Form 214 to show he was awarded the EIB was carefully considered.
2. The statement submitted by the applicants former team leader was noted; however, witness statements alone are insufficient to show entitlement to award of the EIB.
3. There are no orders or any other evidence in his military records that show he was awarded the EIB.
4. Absent official documentation such as orders that show he was awarded the EIB, there is an insufficient basis for granting the requested relief.
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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130018884, dated 26 June 2014.
___________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.
ABCMR Record of Proceedings (cont) AR20140011986
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ABCMR Record of Proceedings (cont) AR20140012796
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