IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140010299
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 award of an arrowhead device.
2. The applicant states that he made over 30 helicopter landings and at least
3 were "hot" landings (assault landings).
3. The applicant provides an article detailing the eligibility for award of the arrowhead device.
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 of the United States on 1 July 1968. He completed his initial training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Vietnam (RVN) from 13 December 1968 through 9 August 1969, while assigned to:
a. Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry Regiment, performing the duties of a rifleman and
b. Company E, 1st Battalion, 501st Infantry Regiment, performing the duties of a scout observer.
4. He was honorably released from active duty on 30 June 1970. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at that time does not show award of the arrowhead device for wear on the Vietnam Service Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows Headquarters, Department of the Army General Order (DAGO) Number 48, dated 1971 as amended by DAGO 8, dated 1979 announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, RVN between the hours of 0900 and 0907, inclusive 22 February 1967.
6. Army Regulation 600-8-22 (Military Awards) states 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 for this assault landing in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. Department of the Army Pamphlet 672-3 shows that on only one occasion did DAGO announce award of assault landing credit to participating units in an airborne assault in the RVN, which was in the vicinity of Katum, RVN between the hours of 0900 and 0907, inclusive, on 22 February 1967.
2. Evidence shows the applicant served in the RVN beginning in January 1969. Therefore, there is no evidence on which to base award of the arrowhead device for wear on his 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) AR20140010299
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ABCMR Record of Proceedings (cont) AR20140010299
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