MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001                   
	DOCKET NUMBER:   AR2000041846

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Donald P. Hupman 		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, commissioning in the Officers' Reserve Corps (ORC), at some date during the summer of 1941.   

APPLICANT STATES:  In essence, that he was fully qualified for appointment, but that his commanding general's headquarters was biased against Japanese-
American soldiers.  He realizes that at this time (current application date) such appointment would be an "honorary" or a "special" appointment.  He submits copies of his separation documents and numerous certificates of training at military training courses between 1938 and 1941.  He also states that: "Back in 1942 the Japanese Americans were all placed in concentration camps and the ones in service were on house arrest."

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from copies of personnel records and other documents submitted by the applicant.

He was born on 2 August 1914.  He completed high school and had 2 years of college credit.  He enlisted in the Enlisted Reserve Corps (ERC) on 25 July 1937. His civilian occupation at the time of enlistment was shown as Special Policeman.  He served as an Infantryman in the Regimental Headquarters Company of the 361st Infantry Regiment.  He was honorably discharged from the ERC on 24 July 1940.

While in the ERC, he attended a Citizens' Military Training Camps (CMTC) "Blue" course of instruction from 8 July through 6 August 1938.  Personnel who attended the CMTC were considered to have rendered voluntary service to the Government of the United States.  The applicant was issued a WD AGO Form 124 ( Military Training Certificate (CMTC)) and he was also issued a certificate of training (form number unknown).  This latter certificate certified that the applicant had completed the "Blue Course, Infantry Arm" and was recommended for examination for commission in the ORC after further study.  His certificate was marked "Ext (extension) Courses."  The certificate went on to state:  "He does posses the physical, moral, and general qualifications for appointment in the Officers' Reserve Corps as prescribed in paragraph 23, AR 140-5, and is recommended for examination for appointment as prescribed in the appropriate Army Regulations (AR 140-22 to 140-38, incl.)."  His weapons qualification score shown on the form was: "Pistol 1st. Class CMTC 63.5%"

The certificate goes on to describe the general requirements for four levels of CMTC training to include the Blue Course.  A "NOTE" on the form states:  "Graduation from the Blue Course does not of itself confer legal eligibility for appointment in the Officers' Reserve Corps." 

Between March 1939 , while still in the ERC, and after his discharge from the ERC until April 1941, he completed a series of Infantry School extension courses in the "10 Series."  These courses included the following subcourses:  

Subcourse 10-1:  Organization of the Armed Forces
Subcourse 10-2:  Leadership, Discipline, Courtesy and Customs of the
                                  Service
Subcourse 10-3:  Drill and Physical Training
Subcourse 10-4:  Map and Aerial Photograph Reading
Subcourse 10-5:  Interior Guard Duty
Subcourse 10-6:  Military Sanitation
Subcourse 10-7:  First Aid
Subcourse 10-8:  Security against Chemical Attack

All courses required completion of lessons (presumably correspondence courses) and a final examination.  Credits granted varied from 6 to 20 credit hours.  His ratings varied from 76 percent to 91.5 percent, with most scores being within the 80-90th percentile.   

On 1 August 1941, the applicant was notified by a letter from the Office of the Commanding General, Headquarters Ninth Corps Area, addressed to him as a civilian living in Oakland, California, that he had not been found qualified for commissioning in the ORC.  The letter stated:  "As you were previously advised on July 3, 1941, you were not recommended by the Examining Board because you failed to meet the standards for appointment in the Officers' Reserve Corps." The letter went on to state that his case was, nevertheless, forwarded to the Office of the Adjutant General (War Department) and was returned not favorably considered, which he was advised of on June 26, 1941.  

Further, the reason for the nonselection was stated as follows:

"Specifically, while the Board of Examiners found you physically, morally, and professionally qualified, it determined that you did not have the general qualifications required for appointment as set forth in AR 140-5, paragraph 23d, which is quoted for your information:

'GENERAL QUALIFICATIONS:- The board will investigate and weigh carefully the applicant's general education, personality, appearance, bearing, experience and general adaptability for the military service.  In determining sufficiency of education, boards will take into consideration the character of service that the applicant may be called upon to perform.'" 

The command went on to state that, in view of the recommendation of the board and the statement of the Adjutant General, nothing further could be done and his case was considered closed.  
The applicant's records show that he was inducted into the Army of the United States on 8 October 1941, and immediately entered active duty.  He was initially trained as an Infantryman and was assigned to the 442nd Infantry Regiment.  Subsequently, he was assigned to serve as an Artillery Mechanic-Minor Maintenance in the Cannon Company of the regiment.  He and his regiment served in the Mediterranean and the European Theaters of Operation during World War II.  

On 24 November 1945, the applicant was honorably discharged (demobilized) with the rank of Technician Four (comparable to a sergeant in the year 2001).  His WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows that he was credited with participation in four campaigns during World War II (Rome-Arno, North Apennines, Po Valley and Rhineland).  His awards and decorations included the Good Conduct Medal, the American Defense Service Medal, the American Service Medal, The European-African-Middle Eastern (EAME) Campaign Medal, the World War II Victory Medal, the Combat Infantryman Badge (CIB), a Distinguished Unit Citation (now a Presidential Unit Citation) and the World War II Lapel Button.  He had no recorded combat injuries and he had no lost time.  

The applicant enlisted in the Regular Army and served honorably for 18 months from 5 February 1946 through 11 August 1947.  His rank remained Technician Four and he continued to serve as an Artillery Mechanic.  

Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

Army Regulation 600-8-22, in pertinent part, 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 bronze service stars will be worn on the appropriate service medal.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The Board carefully reviewed the documentation submitted by the applicant and noted his highly satisfactory record of service and training from 1937 to
1940 in the ERC, and his continued efforts to complete additional military training through extension courses from the Infantry School from 1940 through the spring of 1941.  

3.  The Board took careful note of the certificate from the CMTC issued in August 1938 wherein he was certified as completing the "Blue Course" and had met the "general qualifications" for a commission in the ORC, with further study.  However, the Board noted the "NOTE" on the bottom of the Certificate Of Training which stated:  "Graduation from the Blue Course does not of itself confer legal eligibility for appointment in the Officers' Reserve Corps."  

4.  Unfortunately, the nature of the deliberations of the Ninth Corps' Area Board of Examiners which considered the applicant for a commission in the ORC are not available.  Therefore, this Board is unable to determine if any error or injustice existed at the time.  It well could be that there were other more highly qualified applicants for a limited number of vacancies.  In any case, and in the absence of specific evidence to the contrary, the Board must presume regularity in Government operations at that time.  

5.  Certainly, the bias shown against Japanese-Americans after the beginning of World War II is indeed unfortunate.  However, the applicant has failed to show that this bias existed in the summer of 1941, either from the Ninth Corps' Area command group or the Board of Examiners themselves.   

6.  Further, there are no provisions in law or service regulations which would permit the "honorary" or "special" appointment/commissioning of individuals in the Armed Forces of the United States at any time.  

7.  However, the Board also notes the long and dedicated service of the applicant from 1941 through the late fall of 1945, and his subsequent 18 months of additional active duty in 1946 and 1947.  The Board also notes that he particpated in combat operations against the Axis Forces, primarily in Italy during World War II.  The heroic accomplishments of the 442nd Infantry Regiment are well recognized and the applicant should be proud of his accomplishments with that unit.

8.  The Board concludes that the applicant is entitled to have his WD AGO Form 53-55 amended to add the award of the Bronze Star Medal for meritorious achievement based upon the award of the CIB, and four bronze service stars for wear on his EAME denoting participation in four campaigns during World War II.  Therefore, the Army Review Board Agency's Support Division in St. Louis will be requested to administratively correct the applicant's WD AGO Form 53-55 to add the additional award of the Bronze Service Medal and the four bronze service stars for wear on his EAME Campaign Medal. 

9.  In view of the foregoing, there is no basis for granting the applicant's request for commissioning in the ORC before World War II.  

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The ARBA Support Division St. Louis is request to issue a DD Form 
215 (Correction to DD Form 214, but which is also used to correct earlier separation forms) to correct the applicant's WD AGO Form 53-55, issued on 
24 November 1945, to show award of the Bronze Star Medal, based on the award of the CIB, and four bronze service stars for wear on the EAME Campaign Medal.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jl_____  __gdp___  __dph ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041846	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY WITH NOTE	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	102.00	
2.	107.00	
3.	110.00	
4.		
5.		
6.