MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            27 January 1999
	DOCKET NUMBER:   AC98-12062
				   AR1999017639

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. 

	Mr.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	James E. Vick		Chairperson	
	Ms.	Margaret K. Patterson		Member	
	Mr.	John H. Kern		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Report of Separation (DD Form 214) be corrected to show to show that he is entitled to the award of the Expert Infantryman Badge (EIB).

APPLICANT STATES:  That during the summer of 1974 he qualified for the EIB but he never received the award because he was sent home because of a family emergency which resulted in his being granted a hardship discharge.

EVIDENCE OF RECORD:  The applicant's military records show:

On 18 December 1972, he enlisted in the Army for 3 years in the pay grade of 
E-1 and he successfully completed his training as a light weapons infantryman.

His awards include the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Air Assault Badge and the Marksman Badge w/rifle bar.

He was honorably discharged on 1 December 1975, after he completed 2 years 11 months and 14 days of total active service.

A review of the records fails to reveal that orders were ever published awarding the applicant the EIB.

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he is entitled to the EIB or that orders were ever published awarding him the EIB.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jhk___  ___jev __  __mkp __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12062/AR1999017639	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/27	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON	 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.0112		
2.		
3.		
4.		
5.		
6.