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ARMY | BCMR | CY2014 | 20140012428
Original file (20140012428.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20140012428 


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 correction of his DD Form(s) 214 (Armed Forces of the United States Report of Transfer or Discharge and Report of Separation from Active Duty) to add the Arrowhead Device.  He also requests that the Arrowhead Device be mailed to his home.

2.  The applicant states the Arrowhead Device is a new device, which he would like added to his DD Form 214 and mailed to his home address.  

3.  The applicant provides what appears to be an excerpt from a newspaper or magazine article referring to 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 enlisted in the Regular Army on 30 June 1966 and held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 16 December 1966 to 16 December 1967 and he served with Company C, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade (Light) from 24 December 1966 to 12 December 1967.

4.  He was honorably discharged for reenlistment on 19 January 1969.  His      DD Form 214 shows he was awarded the Vietnam Service Medal but does not further indicate that the Arrowhead device was affixed to this medal.

5.  The applicant reenlisted on 20 January 1969 and served through an additional extension.  He held MOS 71M (Chaplain Assistant) and attained the rank/grade of specialist five (SP5)/E-5.

6.  His DA Form 20 and DA Form 2-1 (Personnel Qualification Record – Part I) 
show:

* he served in Germany from 3 March 1969 to 1 September 1970, where he was assigned to Headquarters and Headquarters Company, 4th Battalion, 18th Infantry Regiment, from 6 March 1969 to 1 September 1970
* he served in Vietnam from 14 October 1970 to 13 October 1971, where he was assigned to Companies C and E, 3rd Battalion, 187th Infantry Regiment, from 28 October 1970 to 9 October 1971
* he served in Germany from 19 June 1974 to 9 July 1977, where he was assigned to Headquarters and Headquarters Brigade and 2nd Infantry Brigade, 3rd Infantry Division, from 21 June 1974 to 8 June 1977

7.  He was honorably discharged from the Army on 19 July 1977.  His DD Form 214 shows he was awarded the Vietnam Service Medal but does not further indicate that the Arrowhead device was affixed to this medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the arrowhead is 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.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign, European-African-Middle Eastern Campaign, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, and the Global War on Terrorism Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), chapter 7 (Assault landing credits) provides that in accordance with Department of the Army General Orders (DAGO) Number 48, dated 1971, as amended by DAGO Number 8, dated 1979, assault landing credit was awarded to participating units of the 173rd Airborne Brigade for an airborne assault in the vicinity of Katum, Republic of Vietnam, between the hours of 0900 and 0907, inclusive 22 February 1967.  The Arrowhead Device is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was assigned or attached to a unit that received assault landing credit.  Therefore, there is insufficient evidence on which to base award of the Arrowhead Device for wear on the applicant’s Vietnam Service Medal.  

2.  Based on the foregoing there is also insufficient evidence to grant the remaining portion of his request to mail the Arrowhead Device to his home.

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)                                         AR20140012428





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ABCMR Record of Proceedings (cont)                                         AR20140012428



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