MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 October 2000
	DOCKET NUMBER:   AR2000040266

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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:  That his records be corrected to reflect an award of the Presidential Unit Citation.

APPLICANT STATES:  That his company, the 1465th Ordnance Company, was awarded the Presidential Unit Citation at the Battle of the Bulge but it was not made part of his record at the time of his discharge.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center that destroyed millions of service records.  However, the WD Form AGO 53-55 provided by the applicant shows:

He enlisted on 24 November 1939 and deployed to the Central Pacific Theater of Operation (CPTO) on 24 January 1940.  He returned to the United States on 20 May 1943 and deployed to the European Theater of Operation (ETO) on 5 December 1943.  He was promoted to the rank of Sergeant and remained in the ETO until 30 August 1945 when he was returned to the United States and was honorably discharged on 14 September 1945 at Fort Dix, New Jersey.

His report of separation shows that he served as an automobile mechanic and that he participated in the Central Pacific and Rhineland Campaigns.  He was awarded the American Defense Service Medal with bronze service star, the Asiatic Pacific Service Medal, the European African Middle-Eastern Service Medal and the Good Conduct Medal. 

Department of the Army Pamphlet 672-1 lists the citations earned by units during World War II.  A review of that publications fails to show that the 1465th Ordnance Company was awarded any type of Distinguished Unit Citation. 

Army Regulation 600-8-22 serves as the authority and establishes the criteria for military decorations.  It states, in pertinent part, that on 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation (PUC).  The PUC is awarded to units of the Armed Forces of the United States and cobeligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart and above other units participating in the same campaign.  The degree of heroism required is the same as that which 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.  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 this requirement.

2.  The applicable regulatory guidance does not indicate that the applicant’s unit received an award of the PUC and the applicant has failed to show either through the evidence submitted with his application or the evidence of record that he is entitled to receive such an award. 

3.  Therefore, in the absence of evidence to the contrary, the Board must presume that his records are correct and that he is not entitled to the award of the PUC.

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

___eja __  __alr____  ___bfh __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040266	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  77	107.0031/PUC	
2.		
3.		
4.		
5.		
6.