RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040009214


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of
Presidential Citation (correctly known as the Presidential Unit Citation)
based on his duties as an observer with the Allied Mission to Observe Greek
Elections (AMFOGE).

2.  The applicant states that in early 1946 he was stationed near Pisa,
Italy.  He explains that he was detailed to a group that formed in Naples
and shipped out to Patras, Greece.  The group was identified as the "Allied
Mission to Observe Greek Elections."  The applicant contends that this
group was given a Presidential Citation.

3.  The applicant further stated that he was assigned to Camp Beale,
California upon his return to the United States.  He explains that he went
home on a weekend pass and left his bags at Camp Beale and they were lost
including the citation and other ribbons.

4.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation-Honorable Discharge) in support of is application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 November 1946.  The application submitted in this case is
dated 7 May 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  The applicant's
available records consist only of a pay voucher.  However, the primary
records available are those provided by the applicant.



4.  The applicant was inducted and entered active duty on 9 November 1944.
He served as a Military Policeman in the European Theater of Operations
from 8 April 1945 to 22 August 1946.  He was honorably discharged from
active duty on 23 November 1946.

5.  The applicant's WD AGO Form 53-55 shows in item 33 (Decorations and
Citations) shows he was awarded the European-African-Middle Eastern
Campaign Medal and the World War II Victory Medal.  The Presidential Unit
Citation is not shown.

6.  The Internet website for the Allied Mission to Observe Greek Elections
(AMFOGE) shows that the United States, at the request of the Greek
Government, sent observers to Greece to monitor elections held on 31 March
1946.  The website also stated that the AMFOGE's mission was civil and not
military (although military members with civil affairs experience were
utilized based on their experience).  Members of the AMFOGE were authorized
to wear a shoulder sleeve patch at that time.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation or
Badge until                   3 November 1966) is awarded for extraordinary
heroism in action (emphasis added).  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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the applicant’s unit, the 248th
Field Artillery Battalion was cited for award of the French Croix de Guerre
based on Department of the Army General Orders 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 does not show the Presidential Unit
Citation or (at the time known as the Distinguished Unit Badge) or a
"Presidential Citation."

2.  Although the applicant contends that he is entitled to the Presidential
Unit Citation based on his duties as an AMFOGE, there is insufficient
evidence in the available records upon which to base this award.


3.  The Presidential Unit Citation is a unit award for valor and would not
have been appropriate for issue to the AMFOGE.

4.  The evidence of record shows the applicant met the eligibility criteria
for award of the French Croix de Guerre.  Therefore, the applicant's WD AGO
Form 53-55 should be amended to add this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 November 1946.  However, the ABCMR
was not established until 2 January 1947.  Therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950.
Although the applicant did not file within the 3-year statute of
limitations, the evidence in this case demonstrates that it is in the
interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __phm___  __lgh___  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his WD AGO
Form 53-55 to add the
French Croix de Guerre.

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
amending the WD AGO Form 53-55 of the individual concerned to add the
Presidential Unit Citation.



                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009214                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0031                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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