IN THE CASE OF:	  

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003437 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and an arrowhead to be affixed to the Vietnam Service Medal.

2.  The applicant states he is providing proof of the awards which were not recorded on his DD Form 214.

3.  The applicant provides a DD Form 214, Bronze Star Medal Certificate, memorandum, subject:  Recommendation for the Bronze Arrowhead Award, and a narrative description in support of the Bronze Arrowhead Award.

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.  The applicant was inducted into the Army on 3 October 1966 and upon completion of initial entry training, he was awarded military occupational specialty 05C (Radio Teletype Operator).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 28 February 1968 to 27 August 1968.  Item 
38 (Record of Assignments) shows he served with the 1st Battalion, 327th Infantry while in Vietnam.  The Bronze Star Medal or the arrowhead are not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20.

4.  His military file is void of orders or any other documents that would indicate he was recommended for or awarded the Bronze Star Medal or the arrowhead.

5.  He was released from active duty on 29 August 1968.  His DD Form 214 does not show the Bronze Star Medal or the arrowhead.

6.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders for the Bronze Star Medal pertaining to the applicant were found in the ADCARS file.

7.  He provides a Bronze Star Medal Certificate that shows he was awarded the Bronze Star Medal for service during the period 1 January - 31 August 1968 and a memorandum, subject:  Recommendation for the Bronze Arrowhead Award, dated 30 July 1968, in which the Commander, 1st Brigade, 101st Air Cavalry Division recommended, among other units, the 1st Battalion, 327th Infantry be authorized the arrowhead for helicopter assault landings into enemy territory on 19, 20, and 22 April 1968.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The "arrowhead" 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 is authorized for wear on the Vietnam Service Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam conflict.  The listings for the 1st Battalion, 327th Infantry do not show it was granted assault landing credit for any operations during the Vietnam Conflict.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal and an arrowhead to be affixed to the Vietnam Service Medal has been carefully considered.

2.  His military file is void of any orders or other documents that indicate he was recommended for or awarded the Bronze Star Medal and no orders for the Bronze Star Medal pertaining to him were found in the ADCARS file.  In the absence of orders or any other evidence showing he was awarded the Bronze Star Medal, the Bronze Star Medal Certificate provided is insufficient evidence on which to base correcting the DD Form 214 to show this award.

3.  Although his unit of assignment while in Vietnam was recommended for the arrowhead award for actions in April 1968, there is no evidence showing the award was approved by proper authority.  Additionally, Army Pamphlet 672-3 does not show his unit was credited with a helicopter assault landing during the Vietnam conflict.  Therefore, there is no basis to correct his DD Form 214 to show an arrowhead affixed to the 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 that 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)                                         AR20130003437



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ABCMR Record of Proceedings (cont)                                         AR20130003437



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