IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003817
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Presidential Unit Citation (PUC) for actions between 27 November and
11 December 1950.
2. The applicant states the PUC was not put on his DD Form 214.
3. The applicant does not provide any evidence in support of his application.
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 applicants 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 applicants 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 record is not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case. This case is being considered using reconstructed records which primarily consist of the applicant's
DD Form 214 and other documents provided by the NPRC.
3. The applicant enlisted in the Regular Army on 21 January 1949 for a period of 3 years. He was honorably discharged on 3 June 1952 at the expiration of his term of service. The DD Form 214 he was issued at the time shows in:
a. item 24 (Total Net Service Completed for Pay Purposes) he completed
3 years, 4 months, and 14 days of total service;
b. item 26 (Foreign and/or Sea Service) he completed 1 year of foreign service;
c. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with four bronze service stars;
d. item 28 (Most Significant Duty Assignment) the 10th Reconnaissance, Company, 10th Infantry Division, Fort Riley, KS.
4. The available record contains a WD AGO Form 8-231 (Dispensary Request for Consultation), dated 13 June 1950, that shows the applicant's unit of assignment as C Battery, 14th Armored Field Artillery (AFA) Battalion.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War. This pamphlet shows the 14th Armored Field Artillery Battalion, 2nd Armored Division, was cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 25 July through 16 August 1944 by War Department General Orders Number 108, dated 1945.
6. Army Regulation 600-8-22 (Military Awards) provides that the Presidential Unit Citation is awarded for extraordinary heroism, gallantry, determination, and esprit de corps in action.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least
30 consecutive days of the period cited. It further states an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to show award of the Presidential Unit Citation was carefully considered.
2. The applicant's unit in fact was cited for award of the redesignated Presidential Unit Citation; however, he was not assigned to the unit during the period for which it was cited. Therefore, he is not entitled to permanent wear or correction of his DD Form 214 to show this unit award.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
4. 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) AR20110003817
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ABCMR Record of Proceedings (cont) AR20110003817
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