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ARMY | BCMR | CY2003 | 2003089833C070403
Original file (2003089833C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003089833


         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. Luis Almodova Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 award of the Presidential Unit Citation.

3. The applicant states, in effect, that he learned of the award of the Presidential Unit Citation to his unit, Headquarters Troop, 89th Cavalry Reconnaissance Squadron, in an article in his hometown newspaper and in a letter from his squadron reunion committee.

4. In support of his application, the applicant submitted a copy of the letter from his squadron reunion committee, dated 15 April 2002; correspondence to the applicant from his member of congress, dated 24 March 2003, concerning award of the Presidential Unit Citation; and a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge.

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

6. The applicant’s military records show that he was inducted and entered active duty in the Army of the United States on 28 October 1942. The applicant’s WD AGO Form 53-55 shows that he served 2 years, 11 months, and 29 days active Federal service of which 1 year and 13 days were spent in the European Theater of Operations (ETO). The applicant departed for the ETO on 20 August and arrived there on 26 August 1944. He departed the ETO on 23 August and arrived in the United States on 2 September 1945. He was honorably discharged in the grade of Tech-5 under the provisions of Army Regulation (AR) 615-365 for the convenience of the government at demobilization on 10 November 1945.

7. Block 33 (Decorations and Citations), of the applicant's WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Theater Ribbon [now known as the European-African-Middle Eastern Campaign Medal], with three bronze service stars; the American Theater Ribbon [now known as the American Campaign Medal]; the Good Conduct Ribbon [now known as the Good Conduct Medal]; and the World War II Victory Medal. The applicant's WD AGO Form 53-55 does not show award of the Presidential Unit Citation.

8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, Headquarters Troop, 89th Cavalry Reconnaissance Squadron, was awarded the Meritorious Unit Commendation, for the period 1 March through 8 May 1945, by General Orders 143, Headquarters, 9th Armored Division, dated 20 July 1945. The applicant's unit was awarded credit for the occupation of Germany for the period


4 June through 4 September 1945. There is no record that the unit was awarded the Presidential Unit Citation.

9. AR 670-1, in pertinent part, states that the Meritorious Unit Commendation is authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

10. AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, service must have been between 9 May 1945 and 5 May 1955.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was entitled to award of the Presidential Unit Citation; however, there is no record that Headquarters Troop, 89th Cavalry Reconnaissance Squadron, received this award.

2. The applicant was assigned and present for duty with Headquarters Troop, 89th Cavalry Reconnaissance Squadron, at the time it was cited for award of the Meritorious Unit Commendation. He is therefore entitled to this award and to have it added to his separation document.

3. The applicant was assigned and present for duty with Headquarters Troop, 89th Cavalry Reconnaissance Squadron, at the time it was awarded credit for the occupation of Germany. He is therefore entitled to award of the Army of Occupation Medal with Germany Clasp and to have this award shown on his WD AGO Form 53-55.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation and adding these awards to Block 33 of the applicant's WD AGO Form 53-55.


2. That so much of the application as is in excess of the foregoing, award of the Presidential Unit Citation to the applicant, be denied.

BOARD VOTE:

__jhl____ __ao____ ___mkp__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2003089833
SUFFIX
RECON
DATE BOARDED 2003/10/23
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 77 107.0031
3.
4.
5.
6.



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