IN THE CASE OF:	  

		BOARD DATE:	    17 February 2011

		DOCKET NUMBER:  AR20100013801 


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 WD AGO Form 53-55 (Enlisted Report and Report of Separation - Honorable Discharge) to show award of the Presidential Unit Citation (PUC).

2.  The applicant states, in effect, he is compiling his service history and discovered he had never received the Presidential Unit Citation he earned.  
He states he received a response from the National Personnel Records Center (NPRC) to his request for the PUC, stating there is no available record authorizing him the PUC; however, his records may have been destroyed in the NPRC fire of 12 July 1973.  The NPRC directed him to make application to the Army Review Boards Agency for relief should he feel an error or injustice has been made to his record.  

3.  The applicant provides 

* his WD AGO Form 53-55
* his Discharge Certificate
* a copy of General Orders Number 260, dated 29 September 1945
* an internet webpage documenting the Distinguished Unit Citation (DUC) for the 397th Infantry Regiment, 100th Infantry Division
* a NPRC letter, dated April 12, 2010 

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 NPRC in 1973.  It is believed that his 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.  His WD AGO Form 53-55 indicates he was inducted into the Army of the United States on 26 January 1943 and he entered active service on 2 February 1943.  He held military occupational specialty 645 (Fire Control Instrument Operator, Field Artillery).  On 16 January 1946, he was honorably discharged.  The highest rank/grade he held while serving on active duty was sergeant (SGT)/E-5.

4.  His WD AGO Form 53-55 shows in:

	a.  Item 31 (Military Qualification and Date) award of the Combat Infantryman Badge (CIB);

	b.  Item 32 (Battles and Campaigns) he participated in the Rhineland and Central Europe campaigns;

	c.  Item 33 (Decorations and Citations) the:

* American Campaign Medal
* European-African-Middle Eastern Theater Ribbon with 2 bronze battle stars
* Army Good Conduct Medal
* 
World War II Victory Medal
* 1 overseas service bar

	d.  Item 36 (Service Outside Continental United States and Return) he departed the United States on 26 June 1944 en route to the European Theater of Operations (ETO), arrived in the ETO on 5 July 1944.  He departed the ETO on 16 May 1945 en route to the United States, arriving back on 29 May 1945.

5.  A review of the World War II (WWII) Prisoners of War (POW) Data File, maintained by the National Archives and Records Administration (NARA), revealed he was captured by the German Army and he was held as a POW while a member of the 397th Infantry Regiment on 9 April 1945.  While his exact release date is uncertain, his WD AGO Form 53-55 shows he departed the ETO on 16 May 1945.

6.  In a telephone conversation between the applicant and a member of the Board staff, he stated he was previously provided the POW Medal and the Bronze Star Medal (BSM); however, he was unsure whether or not a corresponding correction was made to his WD AGO Form 53-55.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PUC (known as the DUC 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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates the following elements of the 397th Infantry Regiment , 100th Infantry Division, was awarded the DUC for the periods as indicated:

* 1st Battalion, 397th Infantry Regiment, for the period 5-11 April 1945, by WD General Order (GO) Number 101, dated 1946
* 2nd Battalion, 397th Infantry Regiment, for the period 4-12 April 1945, by WD GO Number 101, dated 1946
* 3rd Battalion, 397th Infantry Regiment, for the period 1-5 January 1945, by WD GO Number 36, 1951, as amended by WD GO Number 33, dated 1957
* Company H, 397th Infantry Regiment, for the period 8-9 January 1945, by WD GO Number 99, dated 1946

9.  Army Regulation 600-8-22 states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive:

* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict

10.  Army Regulation 600-8-22 states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the PUC was carefully considered and determined to have merit.

2.  The evidence of record shows he was assigned to the 397th Infantry Regiment during his service in WWII.  While it remains unclear which battalion he was assigned to, all the subordinate units of the 397th Infantry Regiment were cited for award of the PUC during his period of assignment.  Therefore, he is entitled to the PUC and correction of his WD AGO Form 53-55 to show this unit award.

3.  In a telephone conversation between the applicant and a member of the ABCMR staff, he revealed he was previously provided the POW Medal and the BSM.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Prisoner of War Medal
* Presidential Unit Citation



      ___________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)                                         AR20100013801



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