RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060003931


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 award of the Presidential Unit Citation (known
as the Distinguished Unit Citation until 3 November 1966).

2.  The applicant states, in effect, that he never received the
Presidential Unit Citation for his military service with the 234th Engineer
Combat Battalion.  He contends that Headquarters, XIX Corps awarded this
unit citation to his unit.

3.  The applicant provides a letter, dated 21 May 1945, from Headquarters,
XIX Corps; a change of name document, dated 27 February 1946; a WD AGO Form
53-55 (Enlisted Record and Report of Separation); a WD AGO Form 100
(Separation Qualification Record); and two certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 December 1945.  The application submitted in this case is undated;
however, the application was received in this office on 16 March 2006.

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 limitations 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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 4 March 1943 and entered active duty on
11 March 1943.  He served in the European Theater of Operations from
29 November 1943 through 18 November 1945 and was honorably discharged on 1
December 1945.

5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows the
entry, "CO [Company] A 234TH ENGR [Engineer] COMBAT BATTALION.”
6.  In support of his claim, the applicant provided a letter of
commendation, dated 21 May 1945, from Headquarters, XIX Corps.  This
letter, states, in pertinent part, “You have taken your full share of
casualties, earned many decorations and have been recommended for a
Presidential Citation.”

7.  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 234th Engineer Combat
Battalion was not awarded the Distinguished Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Presidential Unit Citation 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his unit was awarded the
Presidential Unit Citation by Headquarters, XIX Corps in 1945, the letter
of commendation he provided only states that Headquarters, XIX Corps
recommended his unit for a “Presidential Citation.”  The Department of the
Army Pamphlet 672-1 shows the 234th Engineer Combat Battalion was not
awarded the Distinguished Unit Citation.  Therefore, there is insufficient
evidence on which to base award of the Presidential Unit Citation in this
case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 1 December 1945; therefore, the time for the
applicant to file a request for correction of any error expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
However, the applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS_____  _PS_____  __AM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____Linda Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003931                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |1070031                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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