MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000
	DOCKET NUMBER:   AR2000041609

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Arthur A. Omartian		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:  In effect, that his records be corrected to show that he was awarded a Bronze Service Star to his Asiatic-Pacific Campaign Medal for his participation in the Battle of Midway.

APPLICANT STATES:  That he was in the Hawaiian Islands and participated in the Battle of Midway.

COUNSEL CONTENDS:  As stated by the applicant.

EVIDENCE OF RECORD:  The applicant's military records show:

He was a private assigned to Company D, 108th Infantry Regiment and stationed at Fort McClellan, Alabama, from 15 October 1940 to 15 December 1941.  From 18 December 1941 to 22 December 1942, his unit was transferred to Pomona, California.  On 22 December 1942, the 108th Infantry Regiment moved to Fort Ord, California, and remained there until 7 April 1942 when it embarked by ship for Hawaii.  The applicant served with Company D, 108th Infantry Regiment on the Island of Maui, Territory of Hawaii, from 17 April 1942 at least through 20 September 1942. 

In early 1943, the applicant was reassigned to Fort Benning, Georgia, to attend 
Infantry Officer Candidate School.  He completed the course and was appointed a second lieutenant on 26 March 1943.  On 20 August 1943, he departed the United States for the European Theater of Operations, arriving there on 9 September 1943.  He served in Europe until 30 September 1945 when he departed to return to the United States.  He returned to the United States on 9 October 1945 and was separated from active duty on 3 January 1946.

Army Regulation 600-8-22, Military Awards, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized service stars will be worn on the appropriate service medal.  A silver service star is worn instead of five bronze service stars.

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.  The Battle of Midway was a naval engagement that occurred in the Pacific Ocean in the vicinity of Midway Atoll during the period 4-7 June 1942.

2.  Army Regulation 600-8-22, Appendix B, Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers, does not list the Battle of Midway as an authorized Army campaign.

3.  The applicant was stationed on the Island of Maui, Territory of Hawaii, during the period of the Battle of Midway; he did not participate in the battle.

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

__aao___  __wdp___  __mmd __  DENY APPLICATION

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

INDEX

CASE ID	AR2000041609	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0064	
2.		
3.		
4.		
5.		
6.