IN THE CASE OF:	  

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015287 


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 reconsideration of his previous request for award of the Presidential Unit Citation.  

2.  The applicant states he is submitting a list of names and addresses of service members who were assigned to Company K, 222nd Infantry Regiment, 42nd Rainbow Division, which was the unit he was also assigned to.  He is also submitting a Department of the Army Presidential Unit Citation certificate which was sent to him by the 3rd Battalion, 222nd Regiment, 42nd Rainbow Division.

3.  The applicant provides copies of the following:

* list of service members assigned to Company K
* Presidential Unit Citation certificate
* Citation of Unit memorandum
* Proposed Citation
* two letters
* Standard Form (SF) 180 (Request Pertaining to Military Records)
* picture alleged to be of himself

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR20120018030 on 7 May 2013.
2.  The documentation the applicant provided with this request is new evidence that will be considered by the Board.

3.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case.

4.  His available record contains the following:

   a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge Certificate) which shows he was inducted into the Army of the United States and entered active duty on 8 September 1944.  He held military occupational specialty 345 (light truck driver).  He served in the European Theater of Operations (ETO) from 7 February 1945 through 10 July 1946.  It shows his organization was the 262nd Infantry Regiment.  

   b.  WD AGO Form 100 (Separation Qualification Record) which does not list the unit/organization he was assigned to during his period of service.

5.  He provided copies of the following:

* list of service members assigned to Company K which includes his name 
* Citation Unit memorandum, dated 30 June 1945, which recommended the 222nd Infantry Regiment be cited in War Department Orders for outstanding accomplishment in combat during the period 24 to 25 January 1945
* Proposed Citation which cited the accomplishments of the 222nd Infantry Regiment during the period 24 to 25 January 1945

6.  He was discharged on 25 July 1946.  His WD AGO Form 53-55 lists in:

* Item 31 (Military Qualification and Date) – Combat Infantryman Badge
* Item 32 (Battles and Campaigns) – Northern France and Rhineland
* Item 33 (Decorations and Citations) – Army of Occupation Medal, European-African-Middle Eastern Campaign Medal, and World War II Victory Medal
* Item 34 (Wounds Received in Action) – Purple Heart

7.  His available record also contains a DA Form 1577, dated 25 August 1994, wherein he was advised of his entitlement and shipment of the following awards:
* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Bronze Star Medal certificate, dated 22 September 1994, awarding him the Bronze Star Medal for meritorious achievement in ground combat against the enemy during World War II in the ETO

8.  He also provided copies of the following:

* Presidential Unit Citation certificate, dated 30 January 2001, issued to the 222nd Infantry Regiment for extraordinary heroism in military operations against an armed enemy from 24 to 25 January 1945
* Letter to the National Personnel Records Center, dated 29 May 2010, wherein a member of Company K, 232nd Regiment, stated he was assisting the applicant in obtaining military personnel records and he was enclosing a completed SF 180
* Letter, dated 23 September 2010, wherein he was advised of information in response to his inquiry to the Rainbow Veterans Organization
* picture alleged to be of himself which is annotated indicating the picture was taken on the porch of his barracks, the sign stated, Weapons Platoon, Company K, and he was one of 5,000 transferred from the 262nd to the 222nd Infantry Regiment

9.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. 

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), a register of unit citations and campaign participation credits for World War II and the Korean War, does not show the 222nd Infantry Regiment or the applicant's unit, the 262nd Infantry Regiment, was cited for award of the Presidential Unit Citation during World War II.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and the documents he submitted with this request were carefully considered.  However, the available evidence shows he was assigned to the 262nd Infantry Regiment during World War II.  There is no evidence and he did not provide sufficient evidence such as morning reports showing he was assigned to the 222nd Infantry Regiment during the period the unit was awarded the Presidential Unit Citation.

2.  The evidence also shows the 222nd Infantry Regiment and his organization were not cited for the Presidential Unit Citation during World War II.  It appears the 22nd Infantry Regiment was issued the certificate for Presidential Unit Citation in January 2001.  Notwithstanding the citation, the available evidence does not verify/confirm he was assigned to the 222nd Infantry Regiment during World War II.

3.  Unfortunately, there is an insufficient evidentiary basis for granting him the requested relief.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120018030, dated 7 May 2013.



      ____________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)                                         AR20130015287



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ABCMR Record of Proceedings (cont)                                         AR20130015287



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