IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018030
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 award of the Presidential Unit Citation (PUC).
2. The applicant states:
* he was in the 222nd Regiment, 42nd Rainbow Division during the Battle of the Bulge
* his unit received the PUC and it is not shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation)
3. The applicant provides:
* WD AGO Form 53-55
* email from the American War Library
* DA Form 1577 (Authorization for Issuance of Awards)
* WD AGO Form 100 (Separation Qualification Record)
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 complete 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.
3. His WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 8 September 1944
* his organization was the 262nd Infantry Regiment
* he served in the European Theater of Operations from 7 February 1945 to 10 July 1946
* he was honorably discharged on 25 July 1946
4. His WD AGO Form 53-55 does not show the PUC as an authorized award.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II. This pamphlet shows the following units were not cited for the PUC during World War II:
* 262nd Infantry Regiment, 66th Infantry Division
* 222nd Infantry Regiment, 42nd Infantry Division
6. There is no evidence of record which shows he was assigned to the 222nd Infantry Regiment, 42nd Infantry Division during World War II.
7. Army Regulation 600-8-22 (Military Awards) states the PUC (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 contends he was assigned to the 222nd Infantry Regiment, 42nd Infantry Division during World War II and this unit received the PUC. However, there is no evidence of record and he provided no evidence which shows he was assigned to the 222nd Infantry Regiment, 42nd Infantry Division. The 222nd Infantry Regiment was not cited for the PUC during World War II.
2. Evidence shows his organization was the 262nd Infantry Regiment and this unit was not cited for the PUC during World War II. Regrettably, there is insufficient evidence on which to base award of the PUC.
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) AR20120018030
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