| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
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
| 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. |
ARMY | BCMR | CY2004 | 040005804C070208
The evidence shows that the applicant was assigned to United States military units, e.g. 525th Military Intelligence Group and MACV Advisor Team 51, first as an intelligence analyst and later as an order of battle specialist in a G-2 Section of the 21st ARVN Infantry Division. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division in St. Louis is requested to correct the applicant’s...
ARMY | BCMR | CY2012 | 20120007996
The applicant requests correction of his records to show award of Combat Infantryman Badge. He noted, "Army Regulation 672-5-1 (Awards) determines the eligibility criteria for award of the Combat Infantryman Badge for service in the Republic of Vietnam and requires (1) assignment as an advisor to an infantry type unit of regimental or smaller size and (2) that the individual recommended must have been personally present and under fire while serving in an assigned primary duty as a member of...
ARMY | BCMR | CY2007 | 20070006432
U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge or correction of the applicants records to show that he was awarded the Combat Infantryman Badge. The applicant's DD Form 214 shows that he served as a Field Artillery Operations & Intelligence Assistance, in MOS, 13E, while...
ARMY | BCMR | CY2001 | 2001055027C070420
United States Army Vietnam (USARV) Regulation 672-1, Military Awards, Appendix V, then in effect, provides in pertinent part, that the CIB is not a battle participation badge, but is reserved for full time (30 days or more as a primary duty) advisors to infantry or infantry-type units actively participating or engaged in infantry operations. The evidence of record shows that the applicant was a MI officer throughout his Vietnam assignment. The USARV guidance for award of the CIB provides...
ARMY | BCMR | CY2006 | 20060017206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20060017206 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. Item 9 (Military Occupational Specialties), of his DA Form 66 (Officer Qualification Record), shows that he was awarded the MOS of 1542, Infantry Unit Commander, effective 19 March 1968, the date he completed IOBC, and...
ARMY | BCMR | CY2008 | 20080010395
The primary duty, Personnel Management Advisor, is not listed as one of the duties eligible for award of the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant served as a Personnel Management Advisor during his assignment in Vietnam during the period September 1970 to September 1971. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2009 | 20090014947
There are no orders for the Combat Infantryman Badge in the applicant's service personnel records. Headquarters, United States Military Assistance Command, Vietnam General Orders Number 2299, dated 1 December 1967, show the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period June 1966 to December 1967. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations)...
ARMY | BCMR | CY2009 | 20090008433
The applicant requests correction of his military records to show award of the Combat Infantryman Badge for his service in the Republic of Vietnam. General Orders Number 4597, United States Military Assistance Command, Vietnam, dated 27 August 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period April 1970 to August 1970. There is no available evidence of record and the applicant has not...
ARMY | BCMR | CY2004 | 20040003727C070208
The applicant requests, in effect, that item 38 of his DA Form 20 (Enlisted Qualification Record) be corrected to show his correct principal duties; that he be awarded the Armed Forces Expeditionary Medal (AFEM), the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), the Air Medal, and two awards of the Army Commendation Medal (ARCOM); that his NGB Form 21 (sic, presumably means the NGB Form 22) be corrected to reflect that he was twice chosen as Battery Soldier of the Year and...
ARMY | BCMR | CY2008 | 20080017419
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 May 1970, to show award of the Bronze Star Medal, the Combat Infantryman Badge, and the Air Medal. There are no orders in the applicants service personnel records that show he was awarded the Bronze Star Medal, the Combat Infantryman Badge, or the Air Medal. To be entitled to award of the Combat Infantryman Badge, based on the applicant having...