MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002068215

         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. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Harry B.Oberg		Member
Mr. Roger W. Able		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)

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APPLICANT REQUESTS: In effect, that he be authorized Reserve retired pay.

APPLICANT STATES: In effect, as a captain (CPT) in late 1957 or early 1958, he came up for promotion to major (MAJ). The promotion was denied because his Reserve credits were in the Quartermaster Corps (QMC) and not in the Ordnance Corps, his branch of assignment. His request for transfer to the QMC was denied. He was considered for promotion the following year, not selected because he was denied transfer to the QMC, was required to transfer to the Retired Reserve, and denied the opportunity to qualify for retired pay at age 60.

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

That he served as an enlisted soldier on active duty from 15 August 1942 through 2 July 1943. He completed the Ordnance Corps Officer Candidate School (OCS) at Aberdeen Proving Grounds, Maryland, and on 3 July 1943, was commissioned as a second lieutenant in the Army of the United States (AUS) Ordnance Corps and ordered to active duty at Headquarters, New York Port of Embarkation. He was assigned to the Port Ordnance Office as a motor vehicle movement officer. He was promoted to first lieutenant (1LT) AUS on
13 February 1945. On 13 February 1946, he was appointed a 1LT in the Officer Reserve Corps (ORC) in the Ordnance Corps. He was placed on terminal leave on 14 February 1946, at Fort Meade, Maryland, and released from active duty effective 25 April 1946. As an officer, he had served 24 months as an Ordnance Material Processing Officer and 8 months as a Transport Commander.

The applicant was assigned to the Florida Military District, Jacksonville, Florida, since he intended to reside in Jacksonville, Florida. He was then assigned to the
277^th Ordnance Base Depot (Mobilization Type Unit) in Jacksonville, Florida. On 1 December 1949, he was reassigned to Headquarters and Headquarters Detachment, 371^st Ordnance Battalion, Jacksonville, Florida. He was reassigned to Company A, 474^th Engineer Combat Battalion. On 3 November 1950, he was reassigned to Battery C, 651^st “A/B” Anti Aircraft Battalion. He participated in Reserve for training with these units.

On 5 January 1951, he was assigned as a Student to the 3053^rd Area Support Unit (ASU) Officer Reserve Corps (ORC) School Detachment, Jacksonville, Florida. On 27 June 1951, he was promoted (appointed) to the rank of CPT, ORC, ODC, as a result of a Florida Military District Reserve Selection Board. The board considered the applicant qualified for promotion based on his excellent performance of duties at the higher grade in the Reserve as an adjutant of two different Ordnance units from 1 May 1949 through 2 June 1950, and
1 year of extended active duty in the grade of 1LT from 13 February 1945 through 13 February 1946. On 2 December 1952, he was reappointed as a CPT, Ordnance Corps, in the U. S. Army Reserve (USAR).

On 23 April 1952, the Ordnance School accepted the applicant for enrollment in the Extension Course of the Ordnance School 40 series. Between 28 July 1952 and 7 March 1955, he completed 107 credit hours of subcourses. On
28 July 1955, the applicant was disenrolled from the Ordnance School Extension Course for failure to successfully complete the 12-month minimum requirement of 30 credit hours in the preceding 12 months.

Through ORC School drill attendance and active duty for training, he completed phase one of the Associate Quartermaster Advanced Course on 15 August 1954, phase two on 7 August 1955, phase three on 5 August 1956 (certificate issued on 28 August 1956); and the active duty phase, QM Course, 1^st Year, on
4 August 1957.

Due to moving from Jacksonville, Florida, to Greenwich, Connecticut, in 1957, the applicant was reassigned to the 1200 U. S. Army Reserve Control Group (Reinforcement) Connecticut on 17 September 1957. On 7 March 1958, he was reassigned to the 1006^th Logistical Command in Stamford, Connecticut, as an Ordnance Supply Officer.

On 14 April 1958, his file was reviewed at Headquarters, First United States Army (HQ, 1USA), for promotion to MAJ. His record shows : “Not Recommended” and “Not Fully Qualified” with the comment, “Has an excellent record of USAR activity and has completed three years of QM Associate Advance Course in USAR School. However, has completed no Ordnance Courses other than OCS.” By HQ, 1USA letter dated 22 April 1958, the applicant was notified that he was not selected for promotion to MAJ. The letter further stated, “In order to be selected for promotion to the next higher grade, a Reserve Officer must be found to be fully qualified to serve in the higher grade. Paragraph 18, AR 135-155, states that, ‘The extent to which an officer has taken advantage of available means to improve his professional qualifications, such as active and regular participation in scheduled training programs and completion of appropriate extension courses, will be a primary factor in selection.’ You are invited to discuss this matter with the commander of the USAR training center nearest your home, who will be glad to give you every possible assistance in aiding you to take advantage of the activities available to help qualify yourself for promotion.”

On 26 May 1958, the applicant submitted a request for branch transfer from the Ordnance Corps to the Quartermaster Corps. He justified his request by stating that he had served for five years in a Quartermaster unit, completed QMC basic and advanced courses, and that he had not had the opportunity to enroll in a USAR School Ordnance unit because there was none available at or near his place of residence. He also stated that in his civilian occupation, he was involved


with purchasing, contracts, procurement, and business operations that qualify him more for Quartermaster Corps than Ordnance Corps. His request was positively endorsed by the commander of the 1006^th Logistical Command. The request was forwarded to HQ, 1USA, for action. The HQ, 1USA Quartermaster, a colonel, recommended disapproval of the branch transfer, stating, “From
15 August 1942, until the present, (the applicant) has been a member of the Ordnance Corps. During that period, he has spent a total of sixty-two (62) days over a space of four (4) years attending the QM Basic and Advance Officer’s Courses at Fort Lee, Va. With the exception of such limited school training at Fort Lee, Va, the applicant has had no experience with Quartermaster operations. Further, his civilian occupation was that of a salesman of construction materials and does not in any way qualify him for assignment to the Quartermaster Corps. In view of this extensive experience with Ordnance Corps operations, as opposed to his very limited contact with Quartermaster work, it is felt that the applicant would be of greater value to the service in his present branch.” On 17 November 1958, the HQ, 1USA, disapproved the applicant’s request for branch transfer stating, “In view of his extensive experience with Ordnance Corps operation, as opposed to his very limited contact with Quartermaster work, it is felt that the applicant would be of greater value to the service in his present branch.”

On 23 March 1960, the applicant’s file was reviewed for promotion to MAJ. An Army Reserve Suspense Card in the file was annotated on that day, “Not Fully Qualified, Not Recommended.” By HQ, 1USA, letter dated 16 May 1960, the applicant was notified that he was a two time non-select for promotion and that he had the option of discharge or transfer to the Retired Reserve. On 19 May 1960, he requested transfer to the Retired Reserve. He was so transferred on
31 May 1960. He had 15 years qualifying for retired pay at age 60. He did not have the required 50 points per year in the retirement years 1950-51,
1958-59, and 1959-1960 to qualify for retired pay. He has remained in the Retired Reserve to this date.

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. At the time of his consideration for promotion to MAJ, competent authority determined that the applicant had failed to qualify in his branch of assignment, Ordnance Corps, and that he was not qualified in the Quartermaster Corps for transfer to that branch. It was noted that in 1952, the applicant began qualification in Ordnance through correspondence courses with the Army Ordnance School but he did not complete the requirements and was disenrolled in 1955. Consequently, he was not fully qualified for promotion and not


recommended. No error or injustice has been found in the applicant’s two time nonselection for promotion and transfer to the Retired Reserve or in the denial of his request for branch transfer from Ordnance Corps to Quartermaster Corps. The applicant did not qualify for Reserve retired pay and there is no basis for granting such.

2. 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

__fe___ __rd____ ___ra___ DENY APPLICATION

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

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INDEX

CASE ID	AR200268215
SUFFIX
RECON
DATE BOARDED	20020611
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	128 – Retired Pay
2.	131.09 – Advancement in Grade
3.
4.
5.
6.