IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150001132 


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 214 (Armed Forces of the United States of the United States Report of Transfer or Discharge) to show eligibility for award of the Arrowhead Device and any unit citations awarded during his in-country service in the Republic of Vietnam (RVN) during 1968 through 1969.

2.  The applicant states he personally participated in 27 combat assaults and he just became aware of eligibility for the Arrowhead.  

3.  The applicant provides his DD Form 214 and an article announcing eligibility for 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 6 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as an ammunition bearer, gunner, and forward observer while he was assigned to Company A, 1st Battalion (Mechanized), 50th Infantry Regiment, 173rd Airborne Brigade in the RVN beginning on 8 March 1968.  He departed the RVN on 11 April 1969.  Block 41 (Awards and Decorations) of this document does not list the Arrowhead Device or any unit citations.  

4.  He was honorably released from active duty on 12 April 1969.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Army Good Conduct Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal with First Oak Leaf Cluster
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge

5.  He provided an article that reported on eligibility for the Arrowhead Device.  The article stated that if an individual served in the Army, received the Vietnam Service Medal, and took part in a combat parachute jump, helicopter assault landing, combat glider landing or amphibious assault landing as part of an "organized force carrying out an assigned tactical mission," the individual was eligible for an award. 

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 the Arrowhead was authorized for members of the 173d Airborne Brigade who actually participated in a landing in the vicinity of Katum, RVN between the hours of 0900 and 0907, inclusive 27 February 1967.  The Arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.  

7.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
8.  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, European-African-Middle Eastern Campaign Medal, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal.

9.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the Tet Counteroffensive and Vietnam Counteroffensive Phase IV campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-3 shows that on only one occasion was award of assault landing credit given to a participating unit, the 173rd Airborne Brigade, in an airborne assault in the RVN, which was in the vicinity of Katum, RVN between the hours of 0900 and 0907, inclusive, on 27 February 1967.

2.  Evidence shows the applicant served in the RVN beginning in March 1968.  Therefore, there is no evidence on which to base award of the Arrowhead Device for wear on his Vietnam Service Medal.   

3.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  However, he participated in two campaign phases during the Vietnam Conflict.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during the applicant's period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from his DD Form 214 and

	b.  amending his DD Form 214 by adding the Vietnam Service Medal with two bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Arrowhead Device.  




      _______ _   __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)                                         AR20150001132





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ABCMR Record of Proceedings (cont)                                         AR20150001132



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