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ARMY | BCMR | CY2014 | 20140010659
Original file (20140010659.txt) Auto-classification: Denied

		

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010659 


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 an arrowhead to be affixed to his already-awarded Vietnam Service Medal.

2.  The applicant states, in effect, the arrowhead should be affixed to his Vietnam Service Medal for Air Assault Operation QUYET THANG 171 at Tuy Hoa with Company A, 119th Aviation and the Marine Helicopter Squadron from Qui Nhon. This operation supported the 22nd and 47th Infantry Regiment of Army of the Republic of Vietnam 22nd Infantry Division and included Team 28, to secure the rice-rich Tuy Hoa Valley.  Arrowheads were not issued for service medals at the time of the event.  A total of 720 troops were moved in three lifts.  This will correct his historical record for the future.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record) (pages 3 and 4) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 30 March 1964.  He was awarded military occupational specialty 05B (radio operator).  He served in Vietnam from 21 January 1965 through 21 January 1966, during one campaign.  His records contain the following:

* Special Orders (SO) Number 268, dated 11 October 1965, awarding him the Combat Infantryman Badge as a member of the U.S. Military Assistance Command, Vietnam
* SO Number 299, dated 12 November 1965, directing his reassignment from the U.S. Military Assistance Command, Vietnam, to the United States
* General Orders Number 3, dated 3 January 1966, awarding him the Army Commendation Medal for meritorious service in Vietnam from January 1965 to January 1966 as a member of the U.S. Military Assistance Command

3.  He was released from active duty on 29 March 1967.  He was credited with completing 3 years of active service and 1 year and 1 day of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal
* two overseas service bars

4.  His DA Form 20 lists in:

* Item 38 (Record of Assignment) - he was assigned to the U.S. Military Assistance Command, Vietnam from 23 January 1965 through 20 January 1966
* Item 41 (Awards and Decorations) - the same awards as lists on his DD Form 214 and included the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 22 March 2010, in response to his request for correction of his records to show the Vietnam Service Medal with two or three bronze service stars, the Army Review Boards Agency, Support Division, St. Louis, MO, issued him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), correcting his DD Form 214 to show the following:

* deletion of the Vietnam Service Medal
* addition of the Vietnam Service Medal with three bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 at the time of the assault.  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 be physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Vietnam Service Medal.

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DA General Orders (GO) Number 48, dated 1971, amended by DAGO Number 8, dated 1979, announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, Republic of Vietnam, between the hours of 0900 and 0907, inclusive 22 February 1967.  The arrowhead was authorized for wear on the Vietnam Service Medal for that assault.

8.  DA Pamphlet 672-3 does not show his unit, U.S. Military Assistance Command, was cited for participation in an assault landing in Vietnam during his period of service.

9.  Unit historical information shows A Company, 1st Aviation Battalion, between major missions in the Plei Me, Ia Drang operations, and the 52d Aviation Battalion supported Operation QUYET THANG 172 at Tuy Hoa with Company A, the 119th Aviation, and the Marine Helicopter Squadron from Qui Nhon.  That operation supported the 22nd Army of the Republic of Vietnam to again secure the rice-rich Tuy Hoa Valley.  A total of 720 troops were moved in three lifts, under low ceilings and with poor visibility.  The U.S. Air Force provided a 45 minutes prestrike on the landing zone.  One UH-1B was struck by ground fire but recovered to the stage field with no further incidents.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows during the applicant's period of service in Vietnam from January 1965 to January 1966 he was assigned to the U.S. Military Assistance Command.  There is no evidence or record and he provided none showing this unit participated in an assault landing and was authorized the arrowhead for wear on the Vietnam Service Medal during his period of service or for Operation QUYET THANG 172. 

2.  GO authorized assault landing credit to participating units in an airborne assault in the vicinity of Katum, Vietnam, on 22 February 1967.  As such, an arrowhead was authorized for wear on the Vietnam Service Medal for that assault landing.  The applicant departed Vietnam in January 1966.  His records do not show he again served in Vietnam after January 1966.  

3.  Based on the foregoing, he is not eligible for an arrowhead for wear on the Vietnam Service Medal.  Therefore, he is not entitled to the request relief.

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)                                         AR20140010659



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ABCMR Record of Proceedings (cont)                                         AR20140010659


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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