IN THE CASE OF:  	  

		BOARD DATE:  5 February 2015  	  

		DOCKET NUMBER:  AR20140009985 


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, award of the Vietnam Service Medal with the Arrowhead Device.

2.  The applicant states he was air mobile and taken by helicopter to hot spots in the jungles in Vietnam.  While in the field, there were hunter killer teams looking for other hot spots.  They picked him up and sent him to the next location where he was wounded on one of the assaults.  That is why he was awarded the Purple Heart.  He has x-ray showing shrapnel from a hot landing zone landing where he had to be airlifted out.  This got him wondering if he is authorized the Arrowhead Medal (i.e., the Arrowhead Device).  

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* Department of Veterans Affairs rating decision
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge 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.  The applicant's records show he was inducted into the Army of the United States on 3 March 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from 25 July 1969 to 21 July 1970, with:

* Company D, 1st Battalion, 26th Infantry, 1st Infantry Division, from 4 August 1969 to 30 March 1971
* Company C, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, from 31 March to 21 July 1970 

4.  He was honorably released from active duty on 22 February 1971.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Vietnam Campaign Medal
* Vietnam Service Medal 
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

5.  On 30 September 2005, the U.S. Army Human Resources Command verified his entitlement to and issued him a DD Form 215 reflecting awards of the: 

* Purple Heart
* Air Medal (2nd Award) 

6.  He provides a VA rating decision, dated 29 April 2014.  It shows he was awarded service-connected disability compensation for residuals of traumatic brain injury; scars of the right hand, right leg, and back, residuals of shrapnel wound; and cluster headaches. 

7.  Army Regulation 600-8-22 (Military Awards) 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 (see paragraph 7–23) 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.

DISCUSSION AND CONCLUSIONS:

There is insufficient evidence in the applicant's available records and the applicant provides none to show he physically exited an aircraft or a watercraft during an assault landing during a battle as established by the Joint Chief of Staff or DA.  In order to be awarded this device with the Vietnam Service Medal, 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 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)                                         AR20140009985





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ABCMR Record of Proceedings (cont)                                         AR20140009985



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