IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013090
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.
2. The applicant states, in effect, that although records were damaged in a fire, he is enclosing voluminous records showing the participation of the 148th Engineer Combat Battalion in major campaigns during World War II. He notes that he has recently been in contact with the son of another unit member who received the unit citation and believes that the rest of the battalion should be included as well. The applicant states he is trying to complete his legacy for his wife, children, and grandchildren.
3. The applicant provides multiple documents from the 148th Engineer Combat Battalion website and numerous photographs from World War II on which he has identified individuals, dates, places, and actions, particularly photographs associated with the building of Hodges Bridge by the 1110th Engineer Combat Group.
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 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 to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) and WD AGO Form 100 (Separation Qualification Record) indicate the applicant entered active duty as a dental corps officer on 20 May 1942. He arrived in the European theater of operations in October 1943 where he was assigned as a battalion dental surgeon with the 148th Engineer Combat Battalion. He departed the European theater of operations in October 1945 and on 29 January 1946 he was honorably discharged at Indiantown Gap Military Reservation in Pennsylvania.
4. The photographs and documents provided by the applicant depicted and described the building of a bridge over the Rhine River by elements of the 1110th Engineer Combat Group, of which the 148th Engineer Combat Battalion was an element.
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. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that neither the 148th Engineer Combat Battalion nor the 1110th Engineer Combat Group was awarded Presidential Unit Citation during World War II.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no evidence which indicates that the 148th Engineer Combat Battalion or the 1110th Engineer Combat Group was awarded the Presidential Unit Citation during World War II. In the absence of such evidence there is no basis for correcting the applicant's records to reflect entitlement to decoration. If the applicant can discover the general orders that awarded the Presidential Unit Citation to his unit, he may apply for reconsideration by providing a copy of the orders.
2. In view of the foregoing, there is no basis for granting the applicant's request.
3. 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
____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 for correction of the records of the individual concerned.
____________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) AR20090013090
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ABCMR Record of Proceedings (cont) AR20090013090
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