IN THE CASE OF:	  

		BOARD DATE:	    12 January 2011

		DOCKET NUMBER:  AR20100016728 


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 records to show he was awarded the Presidential Unit Citation.

2.  The applicant states:

* He served with the 22nd Regiment, 4th Infantry Division, from 16 June 1944
* He was wounded in action on 17 September 1944 and was awarded the Purple Heart
* It is his understanding that his unit was awarded the Presidential Unit Citation

3.  The applicant provides:

* His Honorable Discharge Certificate dated 21 October 1945
* His WD AGO Form 53-55 (Enlisted Record and Report of Separation) dated 21 October 1945
* A Western Union Telegram
* A self-authored letter to the National Personnel Record Center dated 7 June 2004
* A self-authored letter to the National Personnel Record Center dated 24 December 2009
* Excerpts from Department of the Army Pamphlet 672-1 (Unit Citations and Campaign Participation Credit Register)

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his WD AGO Form 53-55 and letters from the National Personnel Record Center.

3.  He enlisted in the Army on 5 March 1942.  He completed training as a Rifleman.

4.  The applicant departed the U.S. en route to the European Theater of Operation on 6 April 1944.  He returned to the U.S. on 16 October 1945.

5.  He was honorably discharged on 21 October 1945.  His WD AGO Form 53-55 shows the following awards:

* European-African-Middle Eastern Campaign Medal
* Good Conduct Medal
* Purple Heart
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Lapel Button

6.  His WD AGO Form 53-55 also shows that he was awarded the Combat Infantryman Badge in Headquarters, 22nd Infantry Regiment General Orders Number 1, dated 14 August 1944.  His WD AGO Form 53-55 also shows his organization of assignment at the time of his discharge was the 
635th Anti-Aircraft Artillery Automatic Weapons Battalion.




7.  Although his WD AGO Form 53-55 show he was part of the 22nd Infantry Regiment, it does not show he was part of that unit during the periods shown in Department of the Army Pamphlet 672-1.

8.  On 14 April 2005, in response to a letter from the applicant, the National Personnel Records Center notified the applicant that he was entitled to the Bronze Star Medal.  He was told that the 635th Anti-Aircraft Artillery Automatic Weapons Battalion was not cited for award of the Presidential Unit Citation.  However, the 22nd Infantry Regiment, 4th Infantry Division is cited for such an award.  He was instructed to furnished military documentation showing that he was a part of that unit and for the time listed on the Unit Citations and Campaign Credit Register.  The applicant provides no evidence showing he ever furnished the National Personnel Records Center the requested information.

9.  In the applicant's self-authored letters to the National Personnel Record Center, he reiterates his contentions of his unit assignments and his request for correction of his records to show he is authorized the Presidential Unit Citation.

10.  The excerpts Department of the Army Pamphlet 672-1 shows the 22nd Infantry Regiment, 4th Infantry Division was cited in orders for award of the Distinguished Unit Citation for the following periods:

* 26 July 1944 through 1 August 1944
* 16 November 1944 through 4 December 1944
* 6 June 1944 through 9 June 1944 (3rd Battalion only)

11.  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:

1.  The applicant's contentions have been noted.  His supporting documents have been considered.

2.  There is no evidence in the available record, nor has he submitted sufficient evidence showing that he was assigned to the 22nd Infantry Regiment, 4th Infantry Division, during any period cited in Department of the Army Pamphlet 672-1 for award of the Distinguished Unit Citation.

3.  Although his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge in Headquarters, 22nd Infantry Regiment General Orders Number 1, dated 14 August 1944, his arrival and departure dates for assignment in that unit are not available.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100016728





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ABCMR Record of Proceedings (cont)                                         AR20100016728



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