IN THE CASE OF:	 

		BOARD DATE:	 4 February 2010 

		DOCKET NUMBER:  AR20090013156 


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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show one or two awards of the Presidential Unit Citation.

2.  The applicant states that the FSM's unit, Company C, 131st Ordnance Maintenance (OM) Battalion, Combat Command B (CCB), 9th Armored Division, was awarded one or two Presidential Unit Citations for actions against an armed enemy.  The first one was for the period 17-23 December 1944 in the vicinity of St. Vith, Belgium, and the second was for the date of about 7 March 1945 at the town of Remagen, Germany, for the capture of the Ludendorff Bridge.

3.  The applicant provides the FSM's WD AGO Form 53-55, a photocopy of a Presidential Unit Citation for CCB for the period 17-23 December 1944, a WD AGO Form 0708, the FSM's certificate of death, and the applicant's birth certificate in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The FSM'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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record, derived from documents furnished by the applicant, and obtained through other sources available to the Army Board for Correction of Military Records for the Board to conduct a fair and impartial review of this case.

2.  The FSM's available military records show he enlisted in the Army of the United States on 13 April 1942 and entered active service on 22 April 1942.  He was subsequently awarded military occupational specialty (MOS) 337 (foreman auto repair).  The highest rank he attained during his service was technical sergeant.

3.  On 21 October 1945, the FSM was discharged after completing 3 years and 6 months of active service.

4.  The FSM's WD AGO Form 53-55 shows he served in the European theater of operations (ETO) from 26 August 1944 to 5 October 1945.  Item 32 (Battles and Campaigns) of this document shows he participated in the following campaigns during his ETO service:  Ardennes, Central Europe, and Rhineland.

5.  The FSM's WD AGO Form 53-55 and his Honorable Discharge Certificate show he was assigned to Company B, 137th Armored OM Battalion, 16th Armored Division, at the time of his separation from the military.  These documents do not specify the time period he was assigned to this unit.

6.  The FSM's WD AGO Form 53-55 shows Headquarters, 9th Armored Division, General Orders 118, dated 13 June 1945, awarded him the Bronze Star Medal for meritorious achievement in connection with military operations against the enemy on 21 December 1944.  A WD AGO Form 0708 (Record of Award of Decoration) shows the FSM was awarded the Bronze Star Medal while assigned to Company C, 131st Armored OM Battalion.  These documents do not specify the time period he was assigned to this unit.

7.  The applicant provided a copy of a Presidential Unit Citation for CCB, 9th Armored Division, dated 12 June 2001.  The unit citation was for extraordinary heroism in military operations against an armed enemy for the period 17-23 December 1944.  A list of assigned units depicting the composition of CCB during the period 17-23 December 1944 was included.

8.  The FSM died on 24 July 2008.

9.  Army Regulation 600-8-22 (Military Awards) states 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 Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 131st Armored OM Battalion was cited for award of the Meritorious Unit Commendation for the period 15 December 1944 to 15 March 1945.

DISCUSSION AND CONCLUSIONS:

1.  Based on the fact the FSM's records cannot be located, his assignment to Company C, 131st Armored OM Battalion, a unit under the CCB, 9th Armored Division, can only be established on the day cited on his Bronze Star Medal order:  21 December 1944.

2.  As such, based on Department of the Army Pamphlet 672-1, the preponderance of evidence indicates general orders awarded the FSM's unit at the time of his assignment the Meritorious Unit Commendation.  Therefore, he is entitled to have this award added to his WD AGO Form 53-55.

3.  Based on the copy of a Presidential Unit Citation for the CCB, 9th Armored Division, dated 12 June 2001, and the document showing the composition of CCB, the preponderance of evidence is sufficient to warrant adding the Presidential Unit Citation to the FSM's WD AGO Form 53-55.

4.  While it is possible that the FSM is authorized a second Presidential Unit Citation, since most of his records were burned, it is not possible to ascertain the time periods he was assigned to his units.  As such, there is insufficient available evidence to support granting this portion of the applicant's request.

5.  The FSM participated in three campaigns during his tenure of service in the ETO.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal.

6.  In view of the foregoing, the applicant is entitled to have the FSM's records corrected as shown below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  _____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the European African Middle Eastern Service Medal from his WD AGO Form 53-55; and

	b.  adding the Meritorious Unit Commendation, Presidential Unit Citation, and the European African Middle Eastern Service Medal with three bronze service stars to item 33 of his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a second Presidential Unit Citation to his WD AGO Form 53-55.



      ____________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)                                         AR20090013156



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ABCMR Record of Proceedings (cont)                                         AR20090013156



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