BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090005870 


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 correction of his records to show award of the Presidential Unit Citation.

2.  The applicant states, in effect, that he served with the 2nd Battalion, 329th Infantry Regiment, 83rd Division, during World War II, and that this unit was cited for award of the Presidential Unit Citation by General Orders Number 190, issued by Headquarters, 83rd Infantry Division, on 4 September 1945.

3.  The applicant provides a copy of General Orders Number 190, issued by Headquarters, 83rd Infantry Division, dated 4 September 1945, in support of his request.

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 enlisted in the Regular Army (RA) and entered active service in Chester, PA, on 10 July 1942.  This form also shows that at the time of his separation, the applicant held military occupational specialty (MOS) 653 (Squad Leader) and he was assigned to Company A, 60th Armored Infantry Battalion.

4.  The applicant's WD AGO Form 53-55 also shows he departed the United States on 6 April 1944 and arrived in the European Theater of Operations (ETO) on 18 April 1944.  He then departed the ETO on 4 October 1945 and arrived in the United States on 13 October 1945.  He completed 1 year, 9 months, and 2 days of continental service and 1 year, 6 months, and 8 days of foreign-service. He was honorably separated on 19 October 1945.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Combat Infantryman Badge by Headquarters, 329th Infantry, Special Orders Number 119, dated 4 August 1944 and the Expert Marksmanship Qualification Badge with Carbine Bar.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns during his service in World War II.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and Purple Heart with 1st Oak Leaf Cluster.

8.  The applicant submitted a copy of General Orders Number 190, that show the 2nd Battalion, 329th Infantry received a Unit Citation that cited it for outstanding performance of duty in armed conflict with the enemy from 12 December 1944 to 16 December 1944.

9.  The case analyst of record attempted to contact the applicant in order to verify his assignment to the 2nd battalion, 329th Infantry; however, the phone number listed on his application was temporarily out of service.

10.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55 (Organization), be completed as follows:  "Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the Intelligence and Reconnaissance Platoon of the 329th Infantry Regiment, 83rd Infantry Division, was cited for award of the Distinguished Unit Citation (currently known as the Presidential Unit Citation) from 4 to 16 September 1944, based on WD General Orders Number 11, dated 1946.  This pamphlet also shows the 2nd Battalion, 329th Infantry, was cited for award of the Distinguished Unit Citation from 12 December 1944 to 16 December 1944, based on award WD General Orders Number 90, dated 1945.

12.  Department of the Army Pamphlet 672-1 also shows that the 329th Infantry was awarded campaign credit for the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns during his service in World War II., whereas the 60th Armored Infantry Battalion was awarded campaign credit for the Ardennes, Central Europe, and Rhineland campaigns during its service in WWII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Presidential Unit Citation.

2.  The evidence of record shows that at the time of his separation, the applicant's last tactical unit to which he was assigned was Company A, 60th Armored Infantry Battalion, which was part of the 9th Armored Division.

3.  However, the applicant was awarded the Combat Infantryman Badge based on Special Orders Number 119, issued by Headquarters, 329th Infantry, on 4 August 1944.  Furthermore, the applicant's campaign participation credit listed in item 32 of his WD AGO Form 53-55 is more consistent with the 329th Infantry Regiment rather than the 60th Armored Infantry Battalion.  This indicates that the applicant was assigned to the 329th Infantry Regiment.



4.  However, there is insufficient evidence that shows he was assigned to the 2nd Battalion of the 329th Infantry Regiment during his service in World War II.  Additionally, the order number (190) listed on the unit citation document provided by the applicant is inconsistent with the order number (90) listed in Department of the Army Pamphlet 672-1.  Therefore, in the absence of additional documentary evidence that he was a member of the 2nd Battalion, regretfully, there is insufficient evidence to award him the Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________x____________
               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)                                         AR20090005870



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ABCMR Record of Proceedings (cont)                                         AR20090005870



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