IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090011681
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 reconsideration of his request for award of the Purple Heart. Additionally, he requests award of the Presidential Unit Citation.
2. The applicant states that he sent a copy of his honorable discharge as proof of his injuries and entitlement to the Purple Heart and the Presidential Unit Citation.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) in support of his 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 AR 20080015826, on 31 March 2009.
2. In processing the previous case, a copy of the applicant's 5 July 1945 WD AGO Form 53-55 was contained in the available records obtained from the National Personnel Records Center. However, in this reconsideration, the applicant provided a copy of his WD AGO Form 53-55 that differs from the copy obtained from his available records in the following areas: Item 33 (Decorations and Citations) on the copy provided by the applicant shows the Purple Heart and the Presidential Unit Citation. Item 34 (Wounds Received in Action) on the copy provided by the applicant shows the entry "Wounds in Both Thighs Received in
Action Against the Enemy." The font and type size in item 33 of the WD AGO Form 53-55 provided by the applicant are totally different from the other typed entries on this form. Additionally a stamped entry on the copy of the WD AGO Form 53-55 provided by the applicant shows "Readjustment Allowance Made on Jul 6, 1945."
3. In the previous case, the WD AGO Form 53-55 which was used in considering his application came from his official military personnel file (OMPF). This OMPF copy does not show the award of the Purple Heart or the Presidential Unit Citation, or that he received wounds in both thighs as listed on the copy he provided with his reconsideration request.
4. In the previous case, it was also noted that the applicant served in the European Theater of Operations (ETO) from 22 August 1944 to 19 February 1945 and he was assigned to Company C, 121st Infantry Regiment.
5. 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.
6. The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document does not show that the 121st Infantry Regiment was cited for the award of the Distinguished Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a copy of his 5 July 1945 WD AGO Form 53-55 that shows he was awarded the Purple Heart for wounds in both thighs and the Presidential Citation. However, this information is not contained on the copy of his separation document that was obtained from his available records and used in the previous case file. Therefore, the authenticity of the information on the WD AGO Form 53-55 which the applicant provided cannot be substantiated.
2. Although evidence verifies that the applicant was assigned to the 121st Infantry Regiment there is no evidence that the company was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation). Additionally, it is noted that the Presidential Unit Citation did not come into existence until twenty years after the applicant was discharged and as such, the award would not have been recorded as the Presidential Unit Citation on a 1945 separation document. Therefore, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X__ ___X___ 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 to amend the decision of the ABCMR set forth in Docket Number AR20080015826, dated 31 March 2009.
__________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) AR20090011681
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ABCMR Record of Proceedings (cont) AR20090011681
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