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ARMY | BCMR | CY2002 | 2002076946C070215
Original file (2002076946C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2002076946


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Gerald E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Kathleen A. Newman Member
Mr. Patrick H. McGann, Jr. Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records

         Exhibit B - Military Personnel Records (including advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, reconsideration of his earlier appeal to correct his military records by awarding him the Presidential Unit Citation, the Meritorious Unit Commendation, and the Purple Heart.

3. He states, in effect, that a list of unit awards that he obtained from a 30th Infantry Division web page demonstrates that he is entitled to these awards. In a telephone conversation with a member of the Board's staff, the applicant stated that his disabling eye condition started with a concussion sustained as the result of enemy action. He was treated at the 105th Medical Battalion, but the records of unit were destroyed. He thought that the Department of Veterans Affairs (VA) might have medical records that would verify his entitlement to the Purple Heart.

4. Incorporated herein by reference are military records that were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2001059663) on 10 October 2001. The applicant’s submission is new evidence that requires Board consideration.

5. In a 12 March 2001 letter to a Member of Congress, the applicant listed his tenure with C Company 120th Infantry, 30th Infantry Division as commencing in Great Britain on 22 May 1944 and ending in Germany on 14 February 1945.

6. The applicant's WD AGO 53-55 (Report of Separation – Honorable Discharge) shows that he departed the United States on 26 July 1944 and arrived in the European Theater of Operations (ETO) on an unknown date. It also shows he departed the ETO on an unknown date and arrived in the United States on 1 February 1945.

7. An attempt to review the historical files of the 105th Medical Battalion at the National Achieves, College Park, Maryland, failed to find any files for this unit. Subsequently, a search of the health record research project files, commonly referred to as the "SGO Files", was made. These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988, the National Research Council made these tape files available to the National Personnel Records Center (NPRC). This information is a valuable substitute for the records lost in the NPRC fire of 1973. The SGO files found that the applicant was treated for "choroidoretinitus" [an inflammation inside the eye affecting the uvea]. No causative agent was found, but the condition was not due to trauma.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Register) shows that 1st Battalion, 120th Infantry, 30th Infantry Division was awarded Distinguished Unit Citation for the period 8 through 12 October 1944 by War Department General Order Number 11, dated 1946. It also shows that the unit was awarded the Meritorious Unit Citation for the period 1 March through 31 August 1944 by General Order Number 129, Headquarters, 30th Infantry Division, dated 23 May 1945.

CONCLUSIONS:

1. During the applicant's tour of duty, his unit was awarded the Distinguished Unit Citation and the Meritorious Unit Commendation.

2. It is appropriate to list these awards on his separation document.

3. While it is established that the applicant was treated for choroidoretinitus during his military service, SGO records show the condition attributable to disease, not a combat-related wound. Entitlement to award of the Purple Heart cannot be established.

4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by adding the Distinguished Unit Citation (now known as the Presidential Unit Citation) and the Meritorious Unit Commendation to the list of authorized awards of the individual concerned.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RVO___ __KAN__ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor, Jr._____
                  CHAIRPERSON



INDEX

CASE ID AR2002076946
SUFFIX
RECON
DATE BOARDED 20030703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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