RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060011645
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Meixell
Chairperson
Mr. Thomas Ray
Member
Ms. Rea Nuppenau
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 deceased former service member (FSM), requests, in effect, that the FSM be granted a non-regular retirement.
2. The applicant states, in effect, that due to the untimely death of her husband he was not able to complete 20 years of creditable service in the Army National Guard. She contends that it was his plan, had he lived, to complete his 20 years, receive his 20-year letter, and enroll in the Survivor Benefit Plan. She is requesting that retirement points be redistributed to give him 20 qualifying years.
3. The applicant provides a listing of retirement points by year; an Army National Guard Retirement Points History Statement; the FSMs death certificate; and a Reserve Points Sheet for Army Reserve.
CONSIDERATION OF EVIDENCE:
1. Having prior active and inactive service in the U.S. Navy, the FSM enlisted in the Army National Guard on 26 September 1994. On 25 September 1997, he was honorably discharged. He subsequently served in the Army National Guard and the U.S. Army Reserve.
2. The FSM died on 22 February 2006 while a member of the Army National Guard.
3. The FSMs Army National Guard Retirement Points History Statement, prepared on 10 August 2006, shows that he completed 18 years, 8 months, and
3 days of creditable service for a non-regular retirement at age 60.
4. Sections 1331 through 1337 of Title 10, United States 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. This law further requires that the last 8 years of qualifying service must be in a Reserve Component.
DISCUSSION AND CONCLUSIONS:
Unfortunately, prior to the FSMs death he only completed 18 years, 8 months, and 3 days of creditable service for a Reserve retirement, almost 16 months short of being eligible for retired pay at age 60. The applicants request to redistribute retirement points was carefully considered. However, the FSM was not close enough to attaining retirement eligibility to make such a correction equitable.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JM_____ __TR____ __RN____ 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.
_____John Meixell_____
CHAIRPERSON
INDEX
CASE ID
AR20060011645
SUFFIX
RECON
DATE BOARDED
20070417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
136.0400
2.
3.
4.
5.
6.
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