MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2003
	DOCKET NUMBER:   AR2002077834

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Pendergast		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 the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years for a Reserve retirement and that she be determined to be eligible for a Reserve Component Survivor Benefit Plan (RCSBP) annuity.

APPLICANT STATES:  That the FSM served in the U. S. Marine Corps (USMC) and the U. S. Army Reserve (USAR).  Between the two he had over 20 years of service. He passed away on 1 May 2000 and she has been told that she is not eligible for his retirement.  She provides a DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows he reenlisted in the USAR on 3 February 1987 and so had more than 16 years of service.

EVIDENCE OF RECORD:  The FSM's military records are not available.  Information contained herein was obtained from alternate sources.

After thoroughly researching all known files and records available as well as documents submitted by the applicant, the U. S. Army Reserve Personnel Command prepared a Retirement Points Accounting System (RPAS) statement of service.  The RPAS statement of service shows the FSM initially enlisted in the USMC on 30 September 1963 and served until 29 March 1967.  He reenlisted in the USMC on 20 November 1968 and served until 12 November 1971.  He enlisted in the USAR on 3 February 1973.  

The RPAS statement of service ends with retirement year ending date 2 February 1987 and shows the FSM had 16 qualifying years of service as of that date.

The DD Form 4/1 provided by the applicant shows the FSM immediately reenlisted in the USAR in a troop program unit on 3 February 1987 with subsequent reassignment to the Control Group (Reinforcement).

The applicant did not provide the FSM's death certificate; however, she states he died on 1 May 2000 and a 9 August 2000 letter from the Department of Veterans Affairs confirms he is deceased.

On 12 December 2002, the applicant was informed about what constituted a qualifying year.  She was requested to provide documents which would verify that the FSM earned retirement points after 2 February 1987.  She did not respond within the given time frame.

Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.  Three options are available:  (A)  elect to decline enrollment and choose at age 60 whether to start SBP participation; (B)  elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C)  elect that a beneficiary receive an annuity immediately upon their death if before age 60.  

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 has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record shows the FSM completed only 16 qualifying years, thereby failing to qualify for a Reserve retirement or meet eligibility criteria for enrollment in the RCSBP.  If the applicant can find any evidence to show the FSM earned retirement points after 2 February 1987, she may work directly with the U. S. Army Reserve Personnel Command to recompute the FSM's retirement points and qualifying service.

3.  Regrettably, 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

__FNE__  __JEA  _  __ECP  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002077834	
SUFFIX		
RECON		
DATE BOARDED	2003/02/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135.00	
2.	137.00	
3.		
4.		
5.		
6.