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ARMY | BCMR | CY2009 | 20090016244
Original file (20090016244.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016244 


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 an earlier request for the Presidential Unit Citation (PUC).

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 the PUC during the period 12 December 1944 to 16 December 1944.  He contends that he was transferred to the 1st Infantry Division and that he proudly wore two awards of the PUC on his uniform.

3.  The applicant provides a photograph of a Soldier in support of his request for reconsideration.

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 AR20090005870 on 18 August 2009.

2.  The applicant provides a photograph he states was taken of himself in uniform in Germany in 1945.  This photograph shows he is wearing two awards of the PUC on his uniform and his helmet shows he was assigned to the 1st Infantry Division.

3.  The photograph provided by the applicant is new evidence which will be considered by the Board.

4.  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.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he enlisted in the Army of the United States on 10 July 1942.  He served as an infantryman in the European theater of operations from 18 April 1944 to 4 October 1945 and was honorably discharged on 19 October 1945.

6.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows he was assigned to Company A, 60th Armored Infantry Battalion.

7.  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.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal, the Army Good Conduct Medal, and the Purple Heart with 1st Oak Leaf Cluster.

9.  There is no evidence of record which shows the applicant was assigned to the 2nd Battalion, 329th Infantry, during World War II.

10.  In support of his claim for the PUC in his original application, he submitted a copy of Headquarters, 83rd Infantry Division, General Orders Number 190, dated 4 September 1945, that show the 2nd Battalion, 329th Infantry, received a Unit Citation for outstanding performance of duty in armed conflict with the enemy from 12 December 1944 to 16 December 1944.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 60th Armored Infantry Battalion, 9th Armored Division, was not cited for award of the Distinguished Unit Citation (currently known as the PUC) during World War II.

12.  Department of the Army Pamphlet 672-1 shows the Intelligence and Reconnaissance Platoon of the 329th Infantry Regiment, 83rd Infantry Division, was cited for award of the Distinguished Unit Citation for the period 4 September 1944 to 16 September 1944, based on WD General Orders Number 11, dated 1946.  This document shows the 2nd Battalion, 329th Infantry, was cited for award of the Distinguished Unit Citation for the period 12 December 1944 to 16 December 1944 based on WD General Orders Number 90, dated 1945.

13.  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.

DISCUSSION AND CONCLUSIONS:

The applicant's contentions that he served with the 2nd Battalion, 329th Infantry Regiment, 83rd Division, during World War II and that this unit was cited for the PUC during the period 12 December 1944 to 16 December 1944 were noted.  However, there is no evidence of record, including the photograph provided by the applicant, which shows he was assigned to the 2nd Battalion, 329th Infantry, during the period 12 December 1944 to 16 December 1944.  Regrettably, there is still insufficient evidence on which to base award of the PUC in this case.

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 AR20090005870, dated 18 August 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)                                         AR20090016244



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ABCMR Record of Proceedings (cont)                                         AR20090016244



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