IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013843 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013843 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board determined that an administrative error in the records of the individual should be corrected. Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the records of the individual concerned to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge on his WD AGO Form 53-55. ____________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. IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013843 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 (PUC). 2. The applicant states he never received the PUC which was upgraded from the Meritorious Unit Award. His records were lost or destroyed at the National Personnel Records Center. 3. The applicant provides: * self-authored letter, date 19 July 2016 * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * letter from a Member of Congress, dated 6 July 2016 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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His WD AGO Form 53-55 shows: * he had inactive service in the Enlisted Reserve Corps from 15 February 1943 through 21 February 1943 * he entered active duty on 22 February 1943 * his organization as the 473d Infantry Regiment * he served in the Asiatic-Pacific theater of operations from 25 May 1944 to 17 March 1945 * he served in the China-Burma-India (CBI) from 17 March 1945 to approximately 26 December 1945 * he received the Combat Infantryman Badge * no award of the PUC * he was honorably discharged on 31 December 1945 4. There is no evidence showing the applicant was assigned to the 5307th Composite Unit (Provisional) (also known as Merrill's Marauders) during World War II. 5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during WWII. This pamphlet shows: * the 473d Infantry was not cited for award of the PUC * the 5307th Composite Unit (Provisional) was cited for award of the PUC in July 1944 6. He provided a self-authored letter, dated 19 July 2016, stating: a. He will be 93 years old on 10 August 2016. This date is significant as it is also known as Merrill's Marauders Day. He served in the Army during World War II in the CBI theater as part of the Merrill's Marauders and the Mars Task Force. He may be one of the last living. b. Through the graciousness of Senator McCain, he was able to receive his medals and ribbons, except the PUC. Receiving this award would mean a great deal to him. It is his understanding that this award was upgraded from the Meritorious Unit Award in 1966. Since the National Personnel Records Center fire, it has been difficult for him to produce documentation to receive the PUC. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the PUC (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. 2. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. DISCUSSION: 1. Although the applicant contends he served in the CBI theater as part of the Merrill's Marauders during World War II, there is no evidence showing he was assigned to the 5307th Composite Unit (Provisional) (also known as Merrill's Marauders) during World War II. 2. The evidence of record shows his organization as the 473d Infantry Regiment. Department of the Army Pamphlet 672-1 shows the 473d Infantry Regiment was not cited for award of the PUC. 3. Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal. His WD AGO Form 53-55 does not show this medal. 4. Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency Case Management Division as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013843 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013843 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2