RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2005
      DOCKET NUMBER:  AR2004104592


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderhom             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 requests that the records of her deceased spouse, a
former service member (FSM), be corrected to show he retired and enrolled
in the Reserve Component Survivor Benefit Plan (RCSBP).

2.  The applicant states, in effect, that the FSM died in 1990 without
receiving his twenty-year letter or the option of participating in the SBP.

3.  The applicant provides a copy of the FSM's NGB Form 22 (Report of
Separation and Record of Service), a copy of Orders Number 57-19, dated
18 March 1985, a copy of an Honorable Discharge Certificate from the
National Guard, dated 4 March 1985, a copy of the FSM's Retirement Credits
Record, several DD Form 214's (Armed Forces of the United States Report of
Transfer or Discharge), a copy of a marriage license from the State of
Missouri, a death certificate pertaining to the FSM from the State of
Arkansas, dated 15 January 1991, and a copy of a social security card.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show that he was born on 14 June 1933.  The
FSM and the applicant were married on 8 December 1967.

2.  The FSM was inducted into the Army on 29 May 1953.  He was released
from active duty on 11 May 1955 and transferred to the United States Army
Reserve (USAR).  He was discharged from the USAR on 11 May 1961.  He
enlisted in the Regular Army on 14 May 1964 and was discharged on 17 May
1973.  He had completed a total of 10 years, 11 months and 17 days of
active service.

3.  The FSM enlisted in the Arkansas Army National Guard on 30 March 1979.
He was discharged from the Army National Guard on 4 March 1985 and was
transferred to the United States Army Reserve Control Group (Reinforcement)
at his request.

4.  The FSM's NGB Form 22 (Report of Separation and Record of Service)
shows he completed 22 years, 11 months, and 9 days of service for pay
purposes.

5.  The FSM died on 26 November 1990 at age 57.

6.  Information received from the Arkansas National Guard indicated that
the FSM was credited with 22 years, 11 months, and 9 days of service
creditable for pay, but could not verify that he earned qualifying service
for retired pay during his period in the USAR from 1955 through 1981.  In
addition, the FSM would still not be eligible for a 20-year letter because
his last 8 years of qualifying service was not performed in a reserve
component.

7.  Army Regulation 135-180 implements statutory authorities governing the
granting of “retired pay” to soldiers and former Reserve components
soldiers.  In pertinent part, it states that, to be eligible for retired
pay, an individual need not have a military status at the time of
application but must have attained age 60, completed a minimum of 20 years
of qualifying service, and prior to 1 October 1984, have served the last 8
years of his or her qualifying service as a Reserve component soldier.  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.

8.  Title 10, U. S. Code, sections 1331 - 1337, (currently 12731-12740)
provides that a non-regular service member is entitled, upon application,
to retired pay if the person is at least 60 years of age; has performed at
least 20 years of qualifying service; and has performed the last 8 years of
qualifying service while a member of a Reserve component.

DISCUSSION AND CONCLUSIONS:

1.  Although the FSM's NGB Form 22 shows he completed 22 years, 11 months,
and 9 days of service creditable for pay purposes, he did not complete 20
years of qualifying service for retirement and would not have received a
twenty-year letter.

2.  In addition, in 1985, when the FSM was discharged from the Arkansas
National Guard, the statutory requirement was that, in order to be eligible
for a Reserve retirement, a member must have served the last 8 years of his
or her qualifying service as a Reserve component soldier in addition to
completing a minimum of 20 years of qualifying service,

3.  Upon his discharge from the Arkansas National Guard, the FSM had 5
years, 11 months, and 5 days in a Reserve Component.  At that time, he
required an additional 2 years and 25 days to complete his 8th year in a
Reserve Component in order to qualify for a 20 year-letter.

4.  Regrettably, in view of the foregoing, there is no basis for granting
the applicant's request.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kan___  __jea___  __lmd___  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.






                                        Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104592                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.0000                                |
|2.                      |137.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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