PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                11 August 1999
	DOCKET NUMBER:        AR1998013607
				        AC9810615

	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 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

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

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” 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.

CONCLUSIONS:

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 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.

RECOMMENDATION:

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 

BOARD VOTE:  

JHK_____  WTM____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John H. Kern__________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013607/AC98-10615	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451007	
DISCHARGE AUTHORITY	AR 615-365. . . . .  	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.