IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120005116
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 Record and Report of Separation Honorable Discharge) to show the Presidential Unit Citation.
2. The applicant states the unit he served with during World War II (WWII) was cited for award of the Presidential Unit Citation.
3. The applicant provides:
* WD AGO Form 53-55
* Honorable Discharge Certificate
* letter from the National Personnel Records Center
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 February 1943 and entered active duty in Portland, OR, on 26 February 1943. This form also shows he held military occupational specialty 309 (Telephone Operator) and he was assigned to the 266th Station Hospital at the time of his separation.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 8 November 1943 and arrived in Asiatic-Pacific Theater (APT) on 12 November 1943. He departed the APT on 27 November 1945 and arrived in CONUS on 13 December 1945.
5. He completed 8 months and 19 days of continental service and 2 years, 1 month, and 6 days of foreign service. He was honorably separated in the rank/grade of private first class on 20 December 1945.
6. His WD AGO Form 53-55 shows in:
* item 32 (Battles and Campaigns) Western Pacific
* item 33 (Decorations and Citations) and item 55 (Remarks) Army Good Conduct Medal, WWII Victory Medal, and Asiatic-Pacific Campaign Medal
7. There is no indication whether the applicant was assigned to the 266th Station Hospital as a patient or as a unit of assignment in World War II. There is no indication, record, or evidence of assignment to any other unit during his service in World War II.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and Korea. This pamphlet does not show the 266th Station Hospital was cited for award of the Presidential Unit Citation.
9. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation 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 WD AGO Form 53-55 shows he was assigned to the 266th Station Hospital at the time of his separation. Department of the Army Pamphlet 672-1 does not show the 266th Station Hospital was cited for award of the Presidential Unit Citation. As such, there is insufficient evidence to add this award to his records.
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) AR20120005116
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ABCMR Record of Proceedings (cont) AR20120005116
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