RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20060010314 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A Member of Congress, on behalf of the applicant, requests reconsideration of the applicant’s request for award of the Presidential Unit Citation. 2. The Member of Congress essentially states that the applicant has submitted new evidence that addresses his request for the Presidential Unit Citation. 3. The Member of Congress provides a notarized letter from a former Soldier who claims that the applicant was his assistant gunner during the period his unit was cited for award of the Presidential Unit Citation in support of this application. 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 (ABCMR) in Docket Number AR20050007296 on 6 April 2006. 2. The crux of the initial denial of the applicant’s request was that during the period the applicant states he served in Korea (i.e., March 1951 to March 1952), the 7th Infantry Regiment, 3rd Infantry Division, was credited with participation in four campaigns. However, the applicant's discharge document only shows that he was credited with participation in two campaigns. This difference of two campaigns indicated that the applicant may not have served with the 7th Infantry Regiment, 3rd Infantry Division, during the entire period of his overseas service in Korea. In addition, it could not be definitively established that the applicant served with the Battle Patrol, Headquarters and Headquarters Company, 7th Infantry, during the period the unit was cited for award of the Presidential Unit Citation (i.e., 23 to 25 November 1951). 3. A Member of Congress, on behalf of the applicant, submitted a notarized letter from a former Soldier who claims that the applicant was his assistant gunner during the period his unit was cited for award of the Presidential Unit Citation. This letter essentially stated that the former Soldier and the applicant were serving together with the Battle Patrol, Headquarters and Headquarters Company, 7th Infantry Regiment when, on the night of 23 November 1951, the enemy broke through their lines on Hill 355. He also stated, in effect, that they were called upon to fill a gap where it was most needed, which they did until the following night, at which time they were sent out to patrol their front lines to determine the enemy’s strength in a certain area. He continued by essentially stating that they didn’t get far beyond their barbed wire zone when they came upon a group of men speaking in North Korean or Chinese, and that they alerted their front lines that an attack was forthcoming. He also stated, in pertinent part, that the Presidential Unit Citation was awarded for filling the breach where the enemy had broken through, and their heroic actions to alert their front lines of a forthcoming attack. It should be noted that the former Soldier was awarded the Presidential Unit Citation. 4. 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. 5. Army Regulation 670-1, in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. DISCUSSION AND CONCLUSIONS: 1. A Member of Congress, on behalf of the applicant, requests reconsideration of the applicant’s request for award of the Presidential Unit Citation. 2. It is believed that the notarized letter from a former Soldier, who has already been awarded the Presidential Unit Citation, and who clearly stated that the applicant was his assistant gunner on 23 to 25 November 1951, is authentic. Therefore, in the interest of justice, the applicant is entitled to award of the Presidential Unit Citation, and correction of his military records to show the award of the Presidential Unit Citation. BOARD VOTE: ___WC__ ___EM __ __RN ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050007296, dated 6 April 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Presidential Unit Citation. ______William Crain ______ CHAIRPERSON INDEX CASE ID AR20060010314 SUFFIX RECON YYYYMMDD DATE BOARDED 20070308 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY AR 15-185 ISSUES 1. 107.0031.0000 2. 3. 4. 5. 6.