APPLICANT REQUESTS: In effect, the applicant requests she receive benefits based on her deceased husbands (a former serviceman) retirement from the Army.
APPLICANT STATES: She states that her husband never received monthly retirement benefits, that he served his country for 23 years with honor, and that he loved his country.
EVIDENCE OF RECORD: The former servicemans (FSM) military records show:
He enlisted in the Army on 28 July 1960 and was released from active duty on 27 July 1963. He reenlisted for three years on 23 August 1967 and remained on active duty until his discharge in 1983.
On 8 May 1979 he was notified that a Army selection board determined that he was to be barred from reenlistment under the Armys Qualitative Management Program (QMP). On
8 August 1979 the FSM notified the Army Military Personnel Center that he would execute a statement that he would not submit a request for reconsideration, that he would complete his remaining term of enlistment and would take no further action.
The FSM was discharged on 14 March 1983 upon expiration of his term of service (ETS). He had 18 years, 6 months, and
8 days of active service, and 14 days of lost time.
A 3 May 1996 advisory opinion (COPY ATTACHED) concerning the service of the FSM indicates that he had 18 years, 7 months, and 8 days of active Federal service, and because he did not complete 20 years of active Federal service he was ineligible for retired pay benefits.
Army Regulation 635-200 sets the policies, standards, and procedures concerning the separation of enlisted personnel. Paragraph 12-4 of that regulation concerns the twenty-year retirement law (10 USC 3914), and states in part, that a soldier who has completed 20, but less than 30 years of active Federal service in the US Armed Forces may, at the discretion of the Secretary of the Army, be retired at his request. The soldier must have completed all required service obligations at the time of retirement.
Army Regulation 600-200, chapter 4, then in effect, sets forth policy and prescribes procedures for denying reenlistment under the QMP. This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment. A soldier who has completed 18 years or more of service on the effective date of the DA bar to reenlistment memorandum may be extended to reach retirement eligibility.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The FSM did not complete 20 years of active Federal service, was not eligible for retirement nor entitled to any retirement benefits.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of her request.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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