MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2003083648

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		Member	

	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 he be awarded the Expert Infantryman Badge (EIB).

APPLICANT STATES:  That he met the qualifications for award of the EIB by virtue of his graduation from the Infantry School at Fort Benning, Georgia and his completion of Comprehensive Performance Training at Fort Riley, Kansas, which also was not included on his report of separation (DD Form 214).  

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

He enlisted on 3 January 1977 for a period of 3 years, training as an infantryman, assignment to the 1st Infantry Division and a cash enlistment bonus.  He completed his basic combat training at Fort Leonard Wood, Missouri, and was transferred to Fort Benning to undergo his advanced individual training (AIT) as a light weapons infantryman.

He successfully completed his AIT and was transferred to Fort Riley, where he was assigned to A company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division.  He was subsequently assigned to 4th Cavalry Regiment, where he remained until he was transferred to Korea on 3 December 1979. 

He completed his tour in Korea and was transferred to Oakland Army Base, California, on 10 December 1980, where he was honorably released from active duty in the pay grade of E-5, on 11 December 1980, under the provisions of Army Regulation 635-200, chapter 5, due to a short time remaining on active duty, which precluded reassignment.  He had served 3 years, 11 months and 9 days of total active service and was awarded the Army Commendation Medal and the Good Conduct Medal.

A review of his records shows that he completed a 7-week Individual Effectiveness Course at the Army Retraining Brigade, which consisted of combat skills training.  There is no indication that the applicant was ever awarded the EIB or that he participated in an EIB Program.

Army Regulation 600-8-22 prescribes the prerequisites for award of the EIB.  It provides, in pertinent part, that individuals holding an 11 series infantry military occupational specialty may participate in the EIB Program and must meet the prerequisites and take a test prescribed by the Army Infantry Center with an infantry unit of at least battalion size.  Awards of the EIB are published in orders upon graduation from the program. 

Army Regulation 635-5 serves as the authority for preparation of the DD Form 214.  It provides, in pertinent part, that only non-combat arms courses will be listed on the DD Form 214 under military education.

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.  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 this requirement.

2.  In order to be awarded the EIB, individuals must complete and pass all requirements of a duly constituted EIB Program.  While the Board has noted his contentions, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case.  Accordingly, there is no basis to award him the EIB at this time.

3.  The Board has also noted his contention that his combat arms type courses should be on his DD Form 214 and finds them to be without merit.  The applicable regulation prohibits such entries.  Accordingly, it appears that his DD Form 214 is correct.

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

__lem___  ___fe ___  ___lb ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003083648	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  158	107.0112/eib	
2.		
3.		
4.		
5.		
6.