RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060010314
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.
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. A Member of Congress, on behalf of the applicant, requests reconsideration of the applicants request for award of the Presidential Unit Citation.
2. The Member of Congress essentially states that the applicant has submitted new evidence that addresses his request for the Presidential Unit Citation.
3. The Member of Congress provides a notarized letter from a former Soldier who claims that the applicant was his assistant gunner during the period his unit was cited for award of the Presidential Unit Citation in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050007296 on 6 April 2006.
2. The crux of the initial denial of the applicants request was that during the period the applicant states he served in Korea (i.e., March 1951 to March 1952), the 7th Infantry Regiment, 3rd Infantry Division, was credited with participation in four campaigns. However, the applicant's discharge document only shows that he was credited with participation in two campaigns. This difference of two campaigns indicated that the applicant may not have served with the 7th Infantry Regiment, 3rd Infantry Division, during the entire period of his overseas service in Korea. In addition, it could not be definitively established that the applicant served with the Battle Patrol, Headquarters and Headquarters Company, 7th Infantry, during the period the unit was cited for award of the Presidential Unit Citation (i.e., 23 to 25 November 1951).
3. A Member of Congress, on behalf of the applicant, submitted a notarized letter from a former Soldier who claims that the applicant was his assistant gunner during the period his unit was cited for award of the Presidential Unit Citation. This letter essentially stated that the former Soldier and the applicant were serving together with the Battle Patrol, Headquarters and Headquarters Company, 7th Infantry Regiment when, on the night of 23 November 1951, the enemy broke through their lines on Hill 355. He also stated, in effect, that they were called upon to fill a gap where it was most needed, which they did until the following night, at which time they were sent out to patrol their front lines to determine the enemys strength in a certain area. He continued by essentially stating that they didnt get far beyond their barbed wire zone when they came upon a group of men speaking in North Korean or Chinese, and that they alerted their front lines that an attack was forthcoming. He also stated, in pertinent part, that the Presidential Unit Citation was awarded for filling the breach where the enemy had broken through, and their heroic actions to alert their front lines of a forthcoming attack. It should be noted that the former Soldier was awarded the Presidential Unit Citation.
4. 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.
5. Army Regulation 670-1, in pertinent part, states that unit awards are 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.
DISCUSSION AND CONCLUSIONS:
1. A Member of Congress, on behalf of the applicant, requests reconsideration of the applicants request for award of the Presidential Unit Citation.
2. It is believed that the notarized letter from a former Soldier, who has already been awarded the Presidential Unit Citation, and who clearly stated that the applicant was his assistant gunner on 23 to 25 November 1951, is authentic. Therefore, in the interest of justice, the applicant is entitled to award of the Presidential Unit Citation, and correction of his military records to show the award of the Presidential Unit Citation.
BOARD VOTE:
___WC__ ___EM __ __RN ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20050007296, dated 6 April 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Presidential Unit Citation.
______William Crain ______
CHAIRPERSON
INDEX
CASE ID
AR20060010314
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
107.0031.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2014 | 20140015370
The applicant, the brother of a deceased former service member (FSM), requests reconsideration of his previous request for the FSM to be awarded the Combat Infantryman Badge and the Bronze Star Medal (2nd Award). Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The applicant makes compelling arguments which contend, by virtue of the reasonable presumption...
ARMY | BCMR | CY2006 | 20060010317
The applicant essentially states that he was wounded by mortar fire while engaging the enemy on or about 28 February 1952 during the Korean War. Therefore, he is entitled to award of the Republic of Korea Korean War Service Medal, and correction of his military records to show this award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by issuing an appropriate document to show award of the National Defense Service...
ARMY | BCMR | CY2008 | 20080008601
While the applicant possessed and served in an infantry MOS with the 1st Battalion, 23d Infantry Regiment, during his tour in Korea, there is no evidence in his military records, and the applicant did not provide any evidence which conclusively shows that his unit in Korea engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat. Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his...
ARMY | BCMR | CY2008 | 20080018787
The applicant states although a fire destroyed most of the FSM's military records, he retrieved data from regimental websites that the FSM served with and determined that he was entitled to the following unit awards: a. one PUC and one Philippine Republic PUC from his service with the 1st Infantry Regiment, 6th Infantry Division; b. three PUCs, one Philippine Republic PUC, and one Republic of Korea PUC from his service with the 19th Infantry Regiment, 24th Infantry Division; and c. five...
ARMY | BCMR | CY2001 | 2001051784C070420
The 3d Infantry Division commander also opted not to take any action against the officers and men of the 15th Infantry when a patrol from that regiment refused to follow its commander to the still hotly-contested position at Jackson Heights in November 1952. The applicant was the commander of the 2d Battalion, 65 th Infantry Regiment. No action was taken by the 3d Infantry Division commander against the officers and men of the 15 th Infantry when a patrol from that regiment refused to...
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...
ARMY | BCMR | CY2008 | 20080014019
The applicant provides copies of charred documents from his military service records that appear to be page 1 of the Report of Medical History for his Entrance Medical Examination, undated; 2 pages of the Report of Medical History for his Final Type Physical, undated; DPRB FL 1-471, dated 25 February 1953; Request for Medical Records with a review date of 6 June 1953; and a Dental Survey Chart, dated 30 August 1951, in support of his application. A review of the applicants available...
ARMY | BCMR | CY2015 | 20150004130
The applicant provides: * command or historical report extract * casualty reports, dated 12 February 1953 and 14 February 1953 * Eighth U.S. Army-Korea Periodic Intelligence Report, dated 14 February 1953 * Bronze Star Medal with "V" Device Certificate * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 14 November 1953 * DD Form 215 (Correction to DD Form 214) for the period ending 14 November 1953, dated 2 April 2010 * DD Form 215 for the...
ARMY | BCMR | CY2014 | 20140015458
The applicant states, in effect: * he was relieved from duty, on 16 February 1968, while at Firebase Bravo, Camp Enari, Pleiku, Vietnam * he was flown to Cam Rahn Bay Air Base for his flight back to the United States, on 17 February 1968 * he was flown to Fort Lewis, WA, to begin his out-processing * he was issued a new dress uniform, complete with ribbons, patches, and Blackhawk insignias already on his uniform * his original DD Form 214 (Armed Forces of the United States Report of Transfer...
ARMY | BCMR | CY2008 | 20080014952
e. Letter, dated 22 May 2008, from the applicant's former platoon leader to the applicant's counsel. In June 2008, the applicant solicited the help of his counsel to assist him in upgrading his Bronze Star Medal. After returning the fire, [PFC Hxxxxxt] moved toward the enemy position and eliminated it with fire from his rifle.