PROCEEDINGS.rtf by lovemacromastia




      BOARD DATE:                    11 August 1999
      DOCKET NUMBER:               AR1998013607

      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.

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

  The following members, a quorum, were present:

       Mr. John H. Kern                                    Chairperson
       Mr. Walter T. Morrison                              Member
       Mr. John P. Infante                                 Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

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


1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or regulations.
ABCMR Proceedings (cont)

2. The applicant requests that his WD AGO 53-55 (Enlisted Record and Report of
Separation) be corrected to reflect his tour of duty in Pearl Harbor.

3. The applicant states that the word “unknown” on his WD AGO 53-55 is not clearly
defined and means nothing to anyone, but to him “it means being 8 hours from Pearl
Harbor while being attacked. He also states that he was on a ship for 8 hours during
the attack of Pearl Harbor. In support of his application, he provides a letter of
explanation in he which provides a detailed chronological listing of his assignments
during World War II.

4. 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 that the applicant was inducted on 25 April 1941. He
served in the American Theater of Operations, received credit for service in the Central
Pacific Theater of Operations for one day and served in European African Middle
Eastern Theater of Operations from 16 April 1944 to 26 September 1945 and was
honorably discharged on 7 October 1945.

5. The applicant’s discharge document makes no reference to service at Pearl Harbor.
 Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55 shows 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 as authorized decorations.

6. Item 32 (Battles and Campaigns) of the applicant’s WD AGO 53-55 shows that he
received credit for participation in the Ardennes, Central Europe, Northern France and
Rhineland Campaigns in the European-African-Middle Eastern Theater of Operations.

7. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of
Awards), dated 10 August 1988, which shows that he is entitled to the American
Campaign Medal, four bronze service stars (representing participation in the campaigns
listed in item 32 of his WD AGO 53-55) to be worn on his European-African-Middle
Eastern Service Medal and the World War II Victory Medal which are not shown on his
discharge document.

8. Item 36 (Service Outside Continental U. S. and Return) of the applicant’s WD AGO
Form 53-55 contains the entries “UNKNOWN” in question by the applicant. The first
entry in Item 36 shows date of departure from the continental United States on 16
December 1941 for the Central Pacific Theater of Operations (CPTO) with arrival on
21 December 1941 and shows the entry “(*)” in the margin. The next to last entry in
the column shows: “(*) 6 DEC 41” under date of departure; “CPTO” under destination;
“UNKNOWN” under date of arrival. The last entry in the column shows: “UNKNOWN”

ABCMR Proceedings (cont)

under date of departure; “USA” under destination; and “8 DEC 41” under date of arrival.

9. Research reveals that the entries cited in paragraph 8, above, are based on War
Department General Orders Number 75, dated 29 October 1943. General Orders
Number 75 defined the Central Pacific Campaign and authorized the award of the
bronze service star (commonly referred to as a “battle star”) to be worn on the Asiatic
Pacific Service Medal. The geographic area defined in General Orders Number 75
included “the Hawaiian Islands only on 7 December 1941” which is the date of the
enemy attack on Pearl Harbor and is the date cited in the entries in item 36 of the
applicant’s WD AGO Form 53-55. The term “UKNOWN” is used under date of
departure and date of arrival because the individuals involved never left their locations,
only the geographic definitions of the American and Central Pacific Theaters of
Operation changed for that one day.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation
Credit Register, dated 6 July 1961, shows, among other information, occupation credit
during World War II. This document shows the unit to which the applicant was
assigned, the 305th Signal Operation Battalion, received occupation credit for the period
from 20 May to 5 July 1945 in Germany.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation
Medal is awarded for service of thirty consecutive days at a normal post of duty in a
qualifying location. Personnel at a qualifying location as an inspector, courier, escort,
temporary or detached duty are precluded from eligibility. For Germany service must
have been between 9 May 1945 and 5 May 1955 and the European-African-Middle
Eastern Campaign Medal must have been awarded prior to 9 May 1945.


1. The Board notes the applicant’s request that the term “Pearl Harbor” should be
shown on his WD AGO 53-55. However there is no evidence of record which shows
that the applicant was assigned or located at Pearl Harbor at the time in question and
there is no known regulatory authority for placing the entry “Pearl Harbor” on the WD
AGO Form 53-55. The award of the Asiatic-Pacific Service Medal with one bronze
battle star for the Central Pacific Campaign properly recognizes that the applicant was
located in the area of the Hawaiian Islands on 7 December 1941. Therefore, the
applicant is not entitled to correction of his WD AGO 53-55 to show the entry “Pearl
Harbor”. However, the applicant is entitled to the entry “CENTRAL PACIFIC” in item
32 (Battles and Campaigns).

2. A DA Form 1577 (Authorization for Issuance of Awards) shows the applicant was
entitled to award of the American Campaign Medal, four bronze service stars to be worn
ABCMR Proceedings (cont)

on his European-African-Middle Eastern Campaign Medal, and award of the World War
II Victory Medal. Therefore, the applicant is entitled to correction of his records to show
this award.

3. The unit to which the applicant was assigned received occupation credit for
Germany; therefore, the applicant is entitled to award of the Army of Occupation Medal
with Germany Clasp.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct
the applicant’s records, but only as recommended below.


1. That all of the Department of the Army records related to this case be corrected by
showing the individual concerned served in the Central Pacific Campaign in item 32 and
was awarded the American Campaign Medal, the European-African-Middle Eastern
Campaign Medal with four bronze service stars, the World War II Victory Medal and the
Army of Occupation Medal with Germany Clasp.

2. That so much of the application as is in excess of the foregoing be denied



________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

                                    John H. Kern__________

ABCMR Proceedings (cont)


CASE ID                    AR1998013607/AC98-10615
RECON                      YYYYMMDD
DATE BOARDED               19990811
DATE OF DISCHARGE          19451007
DISCHARGE AUTHORITY        AR 615-365. . . . .
ISSUES        1.           107.00


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