MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 January 2000                   
	DOCKET NUMBER:   AR1999028987

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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:  In effect, correction of his military records to show additional awards of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation) and award of the Presidential Unit Citation.

APPLICANT STATES:  That he believes his unit received at least two or three awards of the Meritorious Unit Commendation.  He also contends that he wrote a request for a Presidential Unit Citation for the excellent job his unit did.   

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 21 July 1953.  He served as a graves registration specialist in Korea and was honorably discharged on 20 July 1955. 
  
The applicant’s DD Form 214 (Report of Separation From the Armed Forces of the United States), which was authenticated in his own hand, shows one award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation).  The DD Form 214 does not show the Presidential Unit Citation as an authorized award.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during the Korean War.  This document shows the unit to which the applicant was assigned, the 8204th Army Unit, American Graves Registration Group, received the Meritorious Unit Commendation for actions during the period 1 May 1953 to 30 June 1954 by Department of the Army General Orders Number 14, dated 1955.       

There is no evidence in the available records that the applicant was awarded the Presidential Unit Citation.  Department of the Army Pamphlet 672-1 indicates that the applicant’s unit was not awarded the Presidential Unit Citation during the time he was assigned to it.

Army Regulation 600-8-22 (Military Awards) 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.  

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.  The applicant’s DD Form 214 shows one award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation).  Evidence of record shows the applicant’s unit was only awarded one Meritorious Unit Commendation during the Korean War.  Therefore, the applicant is not entitled to correction of his military records to show additional awards of the Meritorious Unit Commendation. 

2.  Evidence of record shows the applicant’s unit was not awarded the Presidential Unit Citation while he was assigned to it.  Therefore, he is not entitled to correction of his military records to show this award. 

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

EW_____  SK______  ALR_____  DENY APPLICATION

						Karl F. Schneider
                                                Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028987	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19550720	
DISCHARGE AUTHORITY	AR 635-360  	
DISCHARGE REASON	Release to Reserves	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0034	
2.	107.0031	
3.		
4.		
5.		
6.