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ARMY | BCMR | CY2014 | 20140010451
Original file (20140010451.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010451 


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.  He states a company clerk failed to submit documentation.  

3.  He provides:

* Citation from the Secretary of the Navy commending the River Assault Flotilla One
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Article from a Vietnam Veterans of America (VVA) publication reporting on 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 8 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman while he was assigned to Company B, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam (RVN) beginning on 25 April 1968.  He departed the RVN on 7 August 1968.  

4.  He was honorably released from active duty on 8 June 1969.  The DD Form 214 issued to him at that time does not show award of the Arrowhead Device for wear on the Vietnam Service Medal.  

5.  He provided:

	a.  A citation from the acting Secretary of the Navy commending the River Assault Flotilla One for meritorious service from 5 March 1968 through 24 January 1969 while operating with friendly foreign forces engaged in armed conflict against communist aggressor forces in the Mekong Delta region of the RVN.  The citation indicates that all personnel who were attached to and served with River Assault Flotilla One during the designated period were authorized to wear the Navy Unit Commendation Ribbon.

	b.  An article from the May/June 2014 issue of a VVA publication describing the eligibility of criteria for award the Arrowhead Device.

6.  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.  The arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.  

7.  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 Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Afghanistan Campaign Medal.

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 April 1968.  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)                                         AR20140010451





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ABCMR Record of Proceedings (cont)                                         AR20140010451



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