U-boat Archive - U-873

Follow Up Regarding Irregularities Connected with the Handling of Surrendered German Submarines

	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

29 JUN 1945

FF1/A17-25(31)
Serial : 01889

MEMORANDUM FOR VICE CHIEF OF NAVAL OPERATIONS.

Subject:	Irregularities Connected with the Handling of Surrendered German
	Submarines and Prisoners of War at the Navy Yard, Portsmouth,
	New Hampshire - Investigation of.

Reference:	(a) Inspector General's report of investigation made of subject irregularities.

Enclosure:	(A) Copy of "Facts and Discussion of Facts" relating to subject irregularities.

1. In accordance with my instructions, the Inspector General conducted an investigation into the allegation of certain irregularities connected with the handling of surrendered German submarines and German prisoners of war at the Navy Yard and Naval Prison, Portsmouth, New Hampshire. From the facts and discussion of facts submitted by the Naval Inspector General, it appears that:

	(a) Serious irregularities reported in the handling of German prisoners at the Navy Yard, Portsmouth, were in part caused by the flagrant disregard, by the representatives of Op-16-Z Section of ONI, of the provisions of the Chief of Naval Operations' directive of 19 May 1942, Serial 01227316, which is in conformity with the Geneva Convention and which particularly prohibits the taking of souvenirs.

	(b) Mr. Jack Henry Alberti, a civilian interrogator, wearing a naval uniform while performing the duty of an interrogator greatly exceeded his authority and functions, when he practically assumed full charge of the examination and processing of prisoners of war at the naval prison. Mr. Alberti had prisoners' decorations removed, distributed looted decorations and personal and public property to prison personnel as he saw fit, and caused the commanding officer of a surrendered U-boat to be slapped by an enlisted man.

	(c) Mr. Alberti's actions are in direct violation of the Geneva Convention and the Chief of Naval Operations' directives, and as far as the enemy is aware, he is an American naval officer and his acts were concurred in by the naval command.

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	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

29 JUN 1945

FF1/A17-25(31)
Serial : 01889

Subject:	Irregularities Connected with the Handling of Surrendered German
	Submarines and Prisoners of War at the Navy Yard, Portsmouth,
	New Hampshire - Investigation of (Contd).

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	(d) Important intelligence material may have been lost in the looting of enemy property and Mr. Alberti prevailed upon the Commanding Officer of the prison to permit him to recover such material by the humiliating method of bargaining with the looters, both commissioned and enlisted.

	(e) Lieutenant Commander S. R. Hatton, USNR, Op-16-Z Section as the senior representative of the Office of Naval Intelligence failed to supervise the activities properly under the cognizance of ONI and his supine attitude in permitting Mr. Alberti to conduct himself in the manner which he did was most reprehensible.

2. The occurrence of events outlined above indicates lack of supervision, lack of appreciation of responsibility and an apparent indifference to existing orders which cannot be tolerated. It is evident that in spite of ample warning and time for preparation, the duties of the Office of Naval Intelligence incident to receiving surrendered enemy vessels and personnel were not properly anticipated or prepared for and that ignorance or disregard of existing directives existed. It further appears that both officer representatives and civilian agents of ONI have not been properly instructed and trained in their duties.

3. In accordance with the information set forth in reference (a), I desire that immediate and positive steps be taken to carry out the following:

(a) Appropriate action in the case of Lieutenant Commander Hatton, USNR.

(b) Appropriate action in the case of Mr. Jack Henry Alberti, interrogator in the Office of Naval Intelligence.

(c) A thorough and searching examination and overhauling of all directives under which special agents of ONI are now operating.

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	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

29 JUN 1945

FF1/A17-25(31)
Serial : 01889

Subject:	Irregularities Connected with the Handling of Surrendered German
	Submarines and Prisoners of War at the Navy Yard, Portsmouth,
	New Hampshire - Investigation of (Contd).

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(d) Instruction and supervision of the officers and agents of the Office of Naval Intelligence to the end that their activities conform to the directives of the Chief of Naval Operations and do not discredit the naval uniform.

4. I desire to be informed when the action herein directed has been completed.

E. J. KING

Fleet Admiral, U.S. Navy.

Copy to: (without encl.)

COMINCH FILE

	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

FF1/A17-25(31)
Serial : 01888

29 June 1945

From:	Commander in Chief, United States Fleet
	and Chief of Naval Operations.

To:	Chief of Naval Personnel.
	Commandant, U.S. Marine Corps.

Subject:	Irregularities Connected with the Handling of Surrendered
	German Submarines and Prisoners of War at the Navy Yard,
	Portsmouth, New Hampshire - Investigation of.

Reference:	(a) Inspector General's report of investigation made of subject irregularities.

Enclosure:	(A) Copy of "Facts and Discussion of Facts" relating to subject irregularities.

1. In accordance with my instructions, the inspector General conducted an investigation into the allegation of certain irregularities connected with the handling of surrendered German submarines and German prisoners of war at the Navy Yard and Naval Prison, Portsmouth, New Hampshire.

2. I desire that the Chief of Naval Personnel and the Commandant, U.S. Marine Corps, after mutual consultation and consideration of the information set forth in reference (a), submit their recommendations as to disciplinary action in the cases of the officers concerned, specifically with regard to whether or not general court martial proceedings should be instituted in any case.

E. J. KING

Copy to: (complete)

SecNav

NEIL K. DIETRICH,

Flag Secretary.


	9 July 1945

	To:

	CAPTAIN TAYLOR
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	I have made inquiry of Admiral King as to what action he proposes to take with reference to Admiral Withers on this, as well as the other officers. Please keep it alive until action is taken.


	J.F.



	MR. FORRESTAL.

	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

1 SEP 1945

FF1/A17-25
Serial : 02574

SECOND ENDORSEMENT to

CNP Conf. ltr., Pers-

3205:HNG, undated.

From:	Commander in Chief, United States Fleet
	and Chief of Naval Operations.
To:	The Secretary of the Navy.

Subject:	Irregularities Connected with the Handling of Surrendered
	German Submarines and Prisoners of War at the Navy Yard,
	Portsmouth, New Hampshire - Investigation of.

1. The report of the Chief of Naval Personnel concerning his investigation of the irregularities connected with the handling of surrendered German submarines and prisoners of war at the Navy Yard, Portsmouth, New Hampshire and the comments of the Commandant of the Marine Corps in the first endorsement have been carefully considered.

2. The report of the Chief of Naval Personnel is a well considered summary of the irregularities which were involved in this case and I concur with the comments of paragraphs 3 and 4 relative to the officers concerned. It is noted that the basic letter has been prepared after conference with the Commandant, U.S. Marine Corps, and I recommend that no U.S. naval or U.S. Marine Corps officer be brought to trial by General Court Martial in this case.

3. The disciplinary action recommended in paragraph 6 of the basic letter and paragraph 2 of the first endorsement appears adequate in the circumstances of this case and I recommend that the letters of reprimand and admonition be addressed to the officers indicated.

4. In the cases of Lieutenant Commander S. R. Hatton, USNR, and Mr. Jack Alberti, who were concerned in the irregularities of this incident, I have had an investigation

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	UNITED STATES FLEET
	HEADQUARTERS OF THE COMMANDER IN CHIEF
	NAVY DEPARTMENT
	WASHINGTON 25, D. C.

1 SEP 1945

FF1/A17-25
02574
Serial :

Subject:	Irregularities Connected with the Handling of Surrendered
	German Submarines and Prisoners of War at the Navy Yard,
	Portsmouth, New Hampshire - Investigation of.

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conducted by the Vice Chief of Naval Operations who has taken appropriate action within the Office of Naval Intelligence, and I recommend that no further action be taken insofar as these representatives of the Office of Naval Intelligence are concerned.

E. J. KING.

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