IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080005403 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation).

2.  The applicant states the unit to which he was assigned, the 672nd Amphibian Tractor Battalion, was subjected to the same risks and dangers as other units, and is entitled to be included in the Presidential Unit Citation awarded to campaign units of the 11th Airborne. 

3.  The applicant provides a copy of a letter, dated 1 July 2007, addressed to the President of the United States; a copy of letter, dated 8 November 2007, addressed to other unit members; and a letter, dated 26 February 2008, from the applicant's son, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, 

has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted in the Army of the United States and entered active duty on 19 March 1942, in Worcester, Massachusetts.  He was trained in military occupational specialty (MOS) 927 (Amphibian Transportation Noncommissioned Officer) and was assigned to Company B, 672nd Amphibian Tractor Battalion. 

4.  The applicant's WD AGO Form 53-55 also shows he served in the Asiatic-Pacific Theater during the period 9 October 1944 through 26 November 1945 and that he completed 2 years, 6 months, and 18 days of continental service and 1 year, 2 months, and 19 days of foreign service.  He was honorably separated on 25 December 1945.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the 2nd Class (Marksman) Marksmanship Qualification Badge with Rifle Bar.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the Asiatic-Pacific Theater Campaign Medal with bronze service arrowhead, the American Theater Campaign Ribbon, and the Philippine Liberation Ribbon with bronze service star.  Item 33 does not show award of the Presidential Unit Citation.

7.  In a letter, dated 1 July 2007, addressed to the President of the United States, the author states that on 23 February 1945, the applicant's unit participated in the rescue of 2,146 civilians that were interned by the Japanese.  The unit was attached to the 11th Airborne Division at the time.  The 11th Airborne Division was awarded the Presidential Unit Citation and, since his unit assumed the same risks and dangers, it should have received the same recognition. 

8.  In a letter, dated 8 November 2007, addressed to other members of the 672nd Amphibian Tractor Battalion, the author informs other members of the unit that he wrote a letter to the President of the United States regarding the Presidential Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) 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. 

10.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during his tenure of assignment in the Pacific Theater, the applicant’s unit, the 672nd Amphibian Tractor Battalion, was not awarded the Presidential Unit Citation.  It also confirms that only Headquarters and Headquarters Company (War Department General Order 68 - 1945) and the Provisional Reconnaissance Platoon (Department of the Army General Order 3 - 1948) of the 11th Airborne Division were awarded the presidential Unit Citation, not all subordinate units of the division.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service and sacrifices during WWII, as well as the outstanding performance of the 672nd Amphibian Tractor Battalion, are not in question.  However, the evidence of record shows that the 672nd Amphibian Tractor Battalion, the unit to which the applicant was assigned during his service in the Pacific Theater of Operations during WWII, was not awarded the Presidential Unit Citation during his periods of assignment.  Therefore, there is insufficient evidence to grant the applicant the requested relief in this case.

2.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


															XXX
      _____________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005403



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ABCMR Record of Proceedings (cont)                                         AR20080005403



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