RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 February 2004
	DOCKET NUMBER:   AR2003089943

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

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states that despite performing duties as an advisor, he was erroneously not awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of a letter from the Non-Commissioned Officers Association of the United States of America which states "[S]oldiers who served as advisors to infantry or infantry-type units (regimental or smaller size) of the Vietnamese Government during any period such unit was engaged in actual ground combat are eligible for the Combat Infantryman Badge."  This document was not previously reviewed by the ABCMR; therefore, it is considered new evidence.

4.  The applicant provides a copy of an article from an issue of Fighting Forces, dated, December 2000 on the 525th and 149th Military Intelligence Groups.  This document was not previously reviewed by the ABCMR; therefore, it is considered new evidence.

5.  The applicant also provides the following documents: DA Form 20 (Enlisted Qualification Record), 4th Battalion, 525th Military Intelligence Group Unit Order Number 13, award of the Vietnam Gallantry Cross with Palm, two affidavits, and record of the 525th Military Intelligence Group.  These documents were previously considered the ABCMR on 27 May 1998.

CONSIDERATION OF THE EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized, in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC91-09819, on 23 September 1992 and AC91-09819A, on 27 May 1998.

2.  The applicant was inducted into the Army of the United States on 3 March 1969.  He was trained in military occupational specialty 05B (Radio Teletype Operator) and was assigned to Vietnam in that MOS.  He was subsequently assigned to the 504th Signal Detachment with attachment to the 4th Military Intelligence Battalion with duties as a Radio Teletype Operator.

3.  According to Unit Order Number 13, 4th Battalion (Provisional), 525th Military Intelligence Group, dated 5 December 1969, the applicant was assigned to the Military Assistance Command, Vietnam (MACV) Advisory Team 55 for the purpose of quarters and rations only.

4.  On 10 October 1970, the applicant was released from active duty and transferred to the United States Army Reserve.  His DD Form 214 credits him with the following awards:  the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with one silver star and the Vietnam Campaign Medal.  

5.  There is no evidence in the available records that the applicant was awarded the Combat Infantryman Badge, nor does his DD Form 214 or his DA Form 20 show it as an authorized award.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides guidance for processing requests for reconsideration that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request for reconsideration to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if substantial relevant new evidence has been discovered after the Board’s original decision.  If the staff finds such evidence, the case will be submitted for reconsideration by the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Combat Infantryman Badge because he served as an advisor with MACV while in Vietnam.

2.  The evidence of record shows the applicant was assigned to the 4th Battalion, 525th Military Intelligence Group for duty, and was attached to MACV Advisory Team 55 for quarters and rations purposes only.  Therefore, award of the Combat Infantryman Badge as a result of being attached to MACV Advisory Team 55 is not authorized.

3.  There is no evidence of record that the applicant was ever awarded an infantry MOS, or served with an infantry unit while assigned to Vietnam.  There is no evidence in the record that the applicant was personally "present under hostile fire" while performing infantry duties.  Therefore, without more clear and defining evidence, there is no basis for awarding him the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__sac___  __clg___  __rks___  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 to amend the decision of the ABCMR set forth in Docket Number AC91-09819, dated 23 September 1992 and AC91-09819A, dated 27 May 1998.

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089943	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0111	
3.		
4.		
5.		
6.