IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013735 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to change the spelling of his middle name from "KEEMAN" to "KEENAN" and that the following awards and badges be added:

* Purple Heart
* Air Medal
* Presidential Unit Citation
* Expeditionary Medal
* Vietnamese Parachute Wings
* Vietnam Pathfinder Badge

2.  He also requests the Expert Marksmanship Qualification Badge with 81mm Mortar, .45 Caliber Pistol, 106mm Recoilless Rifle, .50 Caliber Machinegun, M79 Grenade Launcher, 3.5"  Rocket Launcher, M-16 Rifle, and Armalite 15 Rifle Bars.

3.  The applicant states he was treated by five hospitals in 1966 for a combat injury to his right knee and finally had surgery for the injury in Hawaii.  He was later wounded on his right shin, but never received a Purple Heart.  He needs these corrections to obtain Department of Veterans Affairs benefits and disability ratings.

4.  The applicant does not provide any additional documentation.


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's military records show he enlisted in the Regular Army on 13 June 1962, was awarded the military occupational specialty of heavy weapons infantryman, and reenlisted on 17 December 1963.

3.  He served in Vietnam from 3 November 1965 to 26 October 1966 while assigned to Company B, 1st Battalion (Airborne), 503d Infantry.  He was honorably released from active duty on 29 October 1966.  The awards listed on this DD Form 214 include the Vietnam Service Medal, but none of the requested awards.

4.  The applicant's enlistment contract, reenlistment contract, and all documents showing his middle name show it spelled as "KEENAN" with the exception of his final DD Form 214.

5.  The applicant's military records do not contain orders for any of the individual awards or badges he has requested to be added to his DD Form 214.  However, his DA Form 20 (Enlisted Qualification Record) shows he qualified with the 4.2" Mortar, but the level of proficiency is not recorded.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Presidential Unit Citation for the period 8 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1966; Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by DAGO Number 48, dated 1968; and Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971.

7.  Department of the Army Pamphlet 672-3 also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are the Vietnam Defense (8 March 1965 through 24 December 1965), the Vietnam Counteroffensive (25 December 1965 through 30 June 1966), and Counteroffensive Phase III (1 July 1966 through 29 January 1968).

8.  Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph 2-13d specifically provides that individuals who qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 provides that the Air Medal is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross), and for meritorious service (sustained distinction in the performance of duties).  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal for aircraft crewmembers based on sustained operations as 25 category I missions and a minimum of 25 hours of flight time engaged in category I missions (air assault and equally dangerous missions); 50 category II missions and has accrued a minimum of 50 hours of flight time engaged in category II missions (support rendered a friendly force immediately before, during, or following a combat operation); or 100 category III missions and a minimum of 100 hours of flight time engaged in category III missions (support of friendly forces not connected with an immediate combat operation, but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire or an operation conducted under hazardous weather or terrain conditions).

12.  U.S. Army Vietnam Regulation 672-1 further stated that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the AM for achievement after completion of 25 assault missions.  Personnel in this category are not required to complete 25 hours of flight time.  For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations.  A passenger may receive credit for one mission for each assault landing completed.  This regulation continued by stating that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's middle name is obviously misspelled on his final DD Form 214.

2.  Unfortunately, there is no evidence the applicant was awarded any of the individual awards or badges he has requested with the exception of the Marksmanship Qualification Badge with 4.2" Mortar Bar.  However, since the level of proficiency for the 4.2" Mortar is not recorded, there is insufficient evidence with which to add this badge.

3.  There is no evidence the applicant was wounded in action or was credited with air assault missions.

4.  Based on the applicant's service in Vietnam, he is entitled to the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant is not entitled to the Armed Forces Expeditionary Medal because he was not assigned to Vietnam during the period authorized that award and he was awarded the Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 changing his DD Form 214 for the period ending 29 October 1966 to:

	a.  show his middle name is spelled "KEENAN" and

	b.  add the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.

2.  The Board further determined 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 Purple Heart, Air Medal, Expeditionary Medal, Vietnamese Parachute Wings, Vietnam Pathfinder Badge, and Expert Marksmanship Qualification Badge with 81mm Mortar, .45 Caliber Pistol, 106mm Recoilless Rifle, .50 Caliber Machinegun, M79 Grenade Launcher, 3.5"  Rocket Launcher, M-16 Rifle, and Armalite 15 Rifle Bars.



      _____________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)                                         AR20100013735



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ABCMR Record of Proceedings (cont)                                         AR20100013735



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