MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 November 1998
	DOCKET NUMBER:   AC98-12151

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Raymond V. O’Connor, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his WD AGO 53-55 (Enlisted Record and Report of Separation) to show award of the Presidential Unit Citation and to show he was assigned to the 118th Infantry during World War II. 

APPLICANT STATES:  That he wants it documented on his discharge papers that he was in the 118th Infantry.  He also states that he wants his discharge corrected to show he received the Presidential Unit Citation while a member of the 359th Engineers in 1945.  In support of his application, he submits copies of mail envelopes showing his return address as “Co F 118th Inf.”

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 21 November 1944.  He served in the European Theater of Operations from 28 April 1945 to 1 August 1946 and was honorably discharged on 19 August 1946. 

The applicant’s WD AGO 53-55, which is authenticated in his own hand, does not show the Presidential Unit Citation as an authorized award.  His discharge also shows in item 6 (Organization) the entry “CO D 359TH ENG”.  

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows among other information award of unit citations during World War II.  This document does not show that the 359th Engineers received the Presidential Unit Citation.

There is no indication in available records that the applicant was assigned to the 118th Infantry during World War II.

Army Regulation 600-8-22 provides, in pertinent part, that 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.

Based on regulation, in effect at the time, the applicant’s unit of assignment at the time of his separation from the service was entered in Item 6 (Organization) of the WD AGO Form 53-55.  The unit shown in item 6 was not necessarily the same unit with which the applicant served during World War II.  If the service member was transferred to a unit at a separation center for the purpose of discharge processing, the unit shown in item 6 was, therefore, the unit from which the soldier was separated and is an important entry because it assists in the search for a soldier’s military records.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows that the 359th Engineers was not awarded the Presidential Unit Citation during World War II.  There is no evidence of record which shows that the applicant was a member of a unit which was awarded the Presidential Unit Citation.  Therefore, the applicant is not entitled to correction of his records to show award of the Presidential Unit Citation.

2.  Evidence of record, which is authenticated in the applicant’s own hand, shows that his organization at the time of his separation was Company D, 359th Engineers.  There is no evidence of record available to the Board which shows the applicant was assigned to the 118th Infantry.  The copies of the envelopes submitted by the applicant are not sufficient as a basis for changing his unit of assignment.  Therefore, he is not entitled to correction of item 6 on his discharge document.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JEV________  JNS________  RVO________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12151/AR1998012231	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.