IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20140020851
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.
2. The applicant states, in effect, the 29th Quartermaster Company received the Presidential Unit Citation and every one was given a patch to wear. However, it is not listed on the discharge document.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separations-Honorable Service).
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 2 February 1943 and entered active duty in Phoenix, AZ on 9 February 1943. This form also shows he held military occupational specialty 345 (Light Truck Driver) and he was assigned to the 29th Quartermaster Company.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 1 December 1944 and arrived in the European Theater of Operations (ETO) on 13 December 1944. He departed the ETO on 4 January 1946 and arrived in CONUS on 17 January 1946.
5. He completed 1 year, 10 months, and 4 days of continental service and 1 year, 1 month, and 16 days of foreign service. He was honorably separated in the rank/grade of private first class on 27 January 1946.
6. His WD AGO Form 53-55 shows in:
* item 31 (Military Qualifications and Date) None
* item 32 (Battles and Campaigns) Rhineland and Central Europe
* item 33 (Decorations and Citations) and item 55 (Remarks)
* European-African-Middle Eastern Campaign Medal
* American Campaign Medal
* Army Good Conduct Medal
* WWII Victory Medal
7. 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:
a. Shows General Orders Number 152, issued by the Headquarters, 29th Infantry Division on 8 May 1945, announced award of the Meritorious Unit Commendation to the 29th Quartermaster Company for service from 6 June to 6 August 1944.
b. Does not show the 29th Quartermaster Company (or the 29th Infantry Division) was cited for award of the Presidential Unit Citation.
8. 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 WD AGO Form 53-55 shows he was assigned to the 29th Quartermaster Company at the time of separation. This unit was awarded the Meritorious Unit Commendation for service from 6 June to 6 August 1944 However, the applicant was not assigned to the unit at the time. This means he is not eligible for the Meritorious Unit Commendation.
2. Additionally, neither the 29th Quartermaster Company nor its higher headquarters, 29th Infantry Division, was awarded the Presidential Unit Citation during World War II. It is possible the applicant was given the 29th Division "uniform patch" or "former war service sleeve insignia." But this is an item of clothing; not an award. Unfortunately, there is insufficient evidence to support adding the Presidential Unit Citation to the applicant's separation document.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140020851
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