IN THE CASE OF:	  

		BOARD DATE:  9 July 2013

		DOCKET NUMBER:  AR20120021279 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award of the bronze arrowhead device with his Vietnam Service Medal.

2.  The applicant states:

	a.  He never received the arrowhead device for the Vietnam Service Medal for combat assaults into hostile enemy territories.  He participated in helicopter combat air assaults during his combat tour in Vietnam.

	b.  He served as a rifle platoon leader with Company B, 4th Battalion, 503d Airborne Infantry Regiment, 173d Airborne Brigade, during the period September 1967 to September 1968.

	c.  The arrowhead device is authorized for wear on the Vietnam Service Medal for assault landings by combat air assaults in Vietnam.  To receive the arrowhead device the Soldier must get off the helicopter like he did in all combat air assaults and Eagle flights.  He cites Department of the Army General Orders (DAGO) 48, dated 1971, as amended by DAGO 8, dated 1979.

	d.  His two awards of the Air Medal support award of the arrowhead device.  Each award of the Air Medal required 25 combat air assaults/Eagle flights into hostile territory in Vietnam.

3.  The applicant provides:

* 173d Airborne Brigade Internet excerpt on assault landing credits and the arrowhead device
* two Air Medal Certificates
* DD Form 214 (Report of Separation from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having prior enlisted service in the Regular Army from 7 October 1958 to 21 September 1966, the applicant was commissioned as a second lieutenant on 22 September 1966.  He served as a rifle platoon leader in Vietnam from 18 September 1967 to 15 September 1968.  On 31 October 1978, he retired in the rank of major.

3.  His DD Form 214 for the period ending 31 October 1978 shows he was awarded or authorized the Vietnam Service Medal with four bronze service stars; it does not show the Vietnam Service Medal with arrowhead device as an authorized award.

4.  There is no evidence which shows he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission in Vietnam.

5.  In support of his claim, he provides two Air Medal Certificates for meritorious achievement while participating in aerial flight in Vietnam during the periods 1 October 1967 to 19 March 1968 and 24 March 1968 to 11 July 1968.

6.  He also provides DAGO 48, dated 1971, as amended by DAGO 8, dated 1979, which announced award of assault landing credit to participating units in an airborne assault in Vietnam between the hours of 0900 and 0907 (inclusive) on 22 February 1967.  However, he was not serving in Vietnam on this date.

7.  Army Regulation 600-8-22 (Military Awards) provides that the arrowhead device will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead device is authorized for wear on the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the arrowhead device for his helicopter combat air assaults in Vietnam.  However, combat air assaults are not assault landings.

2.  The governing regulation provides that the arrowhead device will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

3.  There is no evidence which shows he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission in Vietnam.  As a result, he is not authorized award of the arrowhead device with his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  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.



      _______ _  X ______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20120021279



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ABCMR Record of Proceedings (cont)                                         AR20120021279



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