IN THE CASE OF:  

		BOARD DATE:  3 August 2021

		DOCKET NUMBER:  AR20210005076


APPLICANT REQUESTS: correction of his record to show he was awarded the Expert 
Infantryman Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Army Commendation Medal Certificate, dated 7 August 1992
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on
	7 August 1992

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the ABCMR conducted a substantive 
review of this case and determined it is in the interest of justice to excuse the applicant's 
failure to timely file.

2.  The applicant states he won the Expert Infantryman Badge while serving with the 
2nd Battalion, 22nd Infantry in Egypt. He would like it reflected on his DD Form 214. 

3.  A review of the applicant's official record shows:
   
   a.	On 25 May 1988, the applicant was appointed as a Regular Army infantry officer 
and executed an oath of office.

   b.	On 23 November 1988, the applicant graduated from Infantry Officer Basic 
Course.

   c.	DA Form 2B (Personnel Qualification Record), Part I shows:

      (1)	Section III (Unit Data) – assigned to C Company, 2nd Battalion, 22nd 
Infantry Regiment.

(2)	Section IV (Service Data) is void of an entry reflecting deployment or a 
combat tour.

   d.	On 7 August 1992, the applicant received an Army Commendation Medal, that 
reflected he was key in deploying and redeploying C Company, 2nd Battalion, 22nd 
Infantry Regiment as a member of a Multi-National Peacekeeping Force in Sinai, Egypt 
from 9 February through 4 August 1992.  

   e.	On 1 August 1993, the applicant was appointed as a Reserve commissioned 
officer and executed an oath of office. 

   f.	On 26 May 1993, Orders Number 146-024, published by Headquarters, U. S. 
Army Infantry Center, Fort Benning, GA, reassigned the applicant to the transition point 
to be discharged effective 26 July 1993.

   g.	On 26 July 1993, the applicant was discharged from active duty by reason of 
miscellaneous reasons (unqualified resignation). He completed 5 years, 2 months, and 
2 days of net active service. DD Form 214, item 13 (Decorations, Medals, Badges, 
Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or 
authorized: 

*	Army Achievement Medal (2nd Award) 
*	National Defense Service Medal
*	Army Service Ribbon
*	Parachutist Badge
*	Pathfinder Badge
*	Ranger Tab

   h.	The DD Form 214 was void of award of the Expert Infantryman Badge. Likewise, 
his records are void of orders awarding him the Expert Infantryman Badge. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Board agreed the applicant’s record is void evidence that shows he completed 
training and was awarded or authorized the EIB.  The Board determined there is 
insufficient evidence to grant relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 15-185 (ABMCR) states in paragraph 2-9 the ABCMR begins 
its consideration of each case with the presumption of administrative regularity. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army. Source documents will consist of the 
DA Form 2. Item 13; entries will be for all periods of service, check the Soldier's service 
records for validity of awards.

4.  AR 600-8-22 (Military Awards) states award of the Expert Infantryman Badge 
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 Expert Infantryman Badge, a Soldier must be in an 
active Army status and must have an infantry or special forces specialty.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005076


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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