RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 August 2005
DOCKET NUMBER: AR20040010547
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, as the widow of a former service member (FSM), requests,
in effect, that his records be corrected to show he was granted a 15-year
retirement.
2. The applicant states, in effect, the FSM had 18 years, 11 months, and
22 days of creditable service and with his deteriorating medical condition
he should have been released from active duty and transferred to the Army
Reserve with retainer pay. She also requests that the records of the FSM
be corrected to show he elected to participate in the Survivor Benefit Plan
(SBP) for spouse coverage.
3. The applicant provides numerous medical records; a marriage license;
and a death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 12 May 1933. Having prior active and inactive
service, the FSM enlisted in the Army National Guard on 16 July 1974. He
remained in the Army National Guard until he was honorably discharged on 10
March 1991 due to medical disqualification. An Army National Guard
Retirement Points History Statement dated 13 December 2004 shows he had
served 18 years, 7 months, and 25 days of creditable service for
retired pay.
2. The FSM died on 14 February 1997.
3. In the processing of this case, an advisory opinion was prepared by the
Supervisor of Retirements and Annuities, U.S. Army Human Resources Command
- St. Louis, Missouri. The advisory opinion recommended disapproval of the
applicant's request. It pointed out that the FSM was not eligible for
retirement from either the Active or Reserve of the Army, he was discharged
due to medical disqualification on 10 March 1991, and he was not eligible
for consideration under the early qualification for retirement of Soldiers
who were discharge from the Reserve units due to medical disqualification.
It further points out that since the FSM was not eligible for retirement
from the Army Reserve he was not issued a "Twenty Year Letter" and
enrollment in the Reserve Component SBP (RCSBP).
4. A copy of the advisory opinion was provided to the applicant for
comment and she did not concur with the recommendation on 25 April 2005.
5. Public Law 106-65, dated 5 October 1994, established early reserve
retirement eligibility for Soldiers involuntarily separated from the
Selected Reserve due to physical disability during the period 5 October
1994 through
30 September 1999 (later extended through 31 December 2001). Eligibility
is based on a minimum of 15 years of qualifying service toward Reserve
Component retirement. Title 10, U.S. Code, section 12731a(a)(1) was
amended to extend the Early Reserve Retirement Eligibility for Disabled
Members to the period beginning on 23 October 1992 to Soldiers who attained
15 years of retirement eligibility after 1 October 1991.
6. Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members could elect to have their retired pay reduced to provide
for an annuity after death to surviving dependents.
7. 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 AND CONCLUSIONS:
The FSM was separated for medical reasons three and one-half years prior to
the enactment of the law authorizing Early Reserve Retirement Eligibility
for Disabled Members. The law was made retroactive to 23 October 1992;
however, that was still one and one-half years after the FSM separated.
Regrettably, there is no basis for granting a 15-year length of service
retirement and, therefore, he was not eligible for enrollment in the RCSBP.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
BE_____ KW_____ PM_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
___Barbara Ellis_________
CHAIRPERSON
INDEX
|CASE ID |AR20040010547 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050809 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |136.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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