IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009886 


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, that the Arrowhead Device be added to his already-awarded the Vietnam Service Medal (VSM).  He also request award of the Cold War Medal (correctly known as the Cold War Recognition Certificate).

2.  The applicant states he is entitled to award of the VSM with Arrowhead Device because he was a crew chief with the 48th Attack Helicopter Company in Vietnam.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a magazine article.

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 has requested award of the Cold War Service Medal.  Although legislation was proposed for creation of this medal, it was never enacted.  Instead, the Secretary of Defense elected to implement the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, if he has not already done so.  Based on this information, the applicant's request for correction of his DD Form 214 to show award of the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army on 
15 September 1969 and held military occupational specialty 67N (UH-1 Helicopter Repairman). 

4.  His DA Form 20 (Enlisted Qualification Record) shows in: 

	a.  item 31 (Foreign Service), he served in Vietnam from 31 March 1970 to 
7 March 1971.

	b.  item 38 (Record of Assignments), he was assigned to the 48th Aviation Company (Attack Helicopter) from 6 April 1970 to 25 April 1971, with duties as a 67N (Senior Helicopter Mechanic and Crew Chief).

	c.  Item 41 (Awards and Decorations), does not show award of the VSM with Arrowhead Device.

5.  He was honorably released from active duty on 15 March 1972 after serving on active duty for 2 years, 6 months, and 1 day.  His DD Form 214 shows award of the National Defense Service Medal, VSM, Air Medal, Army Commendation Medal (2d award), Republic of Vietnam Campaign Medal with "1960" Device, and Good Conduct Medal.

6.  He submitted an untitled, undated magazine article that indicated if you were awarded the VSM and participated in a combat parachute jump, helicopter assault landing, combat glider landing or amphibious assault landing as part of an "organized force carried out an assigned tactical mission," you were eligible for award of the Arrowhead Device. 

7.  Army Regulation 600-8-22 provides for award of the Arrowhead Device with certain awards.  The arrowhead is a bronze replica of an Indian arrowhead that denotes 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.  A Soldier must actually exit the aircraft or watercraft, as appropriate, to receive assault credit.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is attached or assigned at the time of the assault.  Should a unit be denied assault credit, no assault credit will accrue to the individual Soldiers of that unit.  It is worn on the service and suspension ribbons of the Asiatic-Pacific Campaign, European-African-Middle Eastern Campaign, Korean Service Medal, Vietnam Service Medal, and Armed Forces Expeditionary Medal.  Only one arrowhead will be worn on any ribbon.

8.  Paragraph 7-23 of Army Regulation 600-8-22 states assault landing credit (award of the bronze arrowhead) may be made to units of the Army who, in the combat zone of a battle, campaign, or expedition as established by Joint Chiefs of Staff or Department of the Army (DA), accomplishes one of the following types of assault operations: 

	a.  Makes a parachute jump into enemy-held territory as a part of an organized force carrying out an assigned tactical mission; participates in the assault waves of an amphibious landing on enemy-held territory; or makes a helicopter assault landing into enemy-held territory as a part of an organizational force carrying out an assigned tactical mission

	b.  The assault operation will be of such scope as to warrant DA designation as a battle or campaign and be of such magnitude as to include tactical elements of at least one other Service.  The forces committed should be spearheading a major assault into enemy controlled territory.  The operation will be such that the committed forces will ultimately control the area in which they have landed and not rely on immediate link-up with other forces or extrication after a hit-and-run type of mission.  Day-to-day combat assault type missions in an already established combat zone do not qualify for award of the arrowhead device.  
For the individual Soldier to receive award of the arrowhead, the Soldier must physically exit the aircraft or watercraft during the assault landing.

9.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that the arrowhead is authorized for wear on the VSM for assault landings in Vietnam.  This pamphlet does not show that the applicant's unit was awarded assault landing credit.

DISCUSSION AND CONCLUSIONS:

There is insufficient evidence in the applicant's available records and the applicant did not provide any evidence to show he physically exited an aircraft or a watercraft during a recognized assault landing.  In order to be awarded this device with the VSM, he must show conclusive evidence that he made a parachute jump into enemy-held territory as a part of an organized force carrying out an assigned tactical mission; or participated in the assault waves of an amphibious landing on enemy-held territory; or made a helicopter assault landing into enemy-held territory as a part of an organizational force carrying out an assigned tactical mission.  There is insufficient evidence to show he meets the criteria for this device.

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)                                         AR20140009886





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ABCMR Record of Proceedings (cont)                                         AR20140009886



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