IN THE CASE OF:	  

		BOARD DATE: 	        12 November 2009 

		DOCKET NUMBER:  AR20090014883 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests qualification of his former spouse for the "20-20-20" TRICARE Health Benefit.  In effect, he requests his retirement date be changed to credit him an additional 2 months of active service.

2.  The applicant states that his former spouse currently qualifies for TRICARE benefits under the "20-20-15" rule because she was married to him as a sponsor during his active duty service for less than 20 years and 15 of those years overlap the 20 years of active service.  He lacks 2 months of concurrent time in service/marriage for his former spouse to qualify for TRICARE benefits under the "20-20-20" rule.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2005, and a self-authored statement, dated 24 August 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army (RA) on 27 May 1983.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91W (Health Care Specialist).

2.  The applicant's records further show he executed several extensions and/or reenlistments in the RA, served in various staff and leadership positions within and outside continental United States, and attained the rank/grade of first sergeant (1SG)/E-8.
3.  On 1 June 2005, the applicant submitted a DA Form 2339 (Application for Voluntary Retirement).  He authenticated this form by placing his signature in the appropriate place and indicated that he was familiar with the provisions of Army Regulation 635-200 (Personnel Separations) pertaining to withdrawal of his application for retirement once it has been accepted by the retirement approval authority.

4.  On 29 June 2005, Headquarters, Walter Reed Army Medical Center, Washington, DC, published Orders 180-2 announcing the applicant's release from active duty on 31 August 2005 and placement on the Retired List on 1 September 2005.

5.  The applicant's records show he was honorably retired on 31 August 2005 and placed on the Retired List in his retired rank/grade of 1SG/E-8 on 1 September 2005.  The DD Form 214 he was issued shows he completed 22 years, 8 months, and 4 days of creditable active service.  This form further shows the following:

	a.  item 12a (Date Entered Active Duty This Period) contains the entry "1983  05  27,"

	b.  item 12b (Separation Date This Period) contains the entry "2005  08  31,"

	c.  item 12c (Net Active Service This Period) contains the entry "0022  03  04,"

	d.  item 26 (Separation Code) contains the entry "RBD," and

	e.  item 28 (Narrative Reason for Separation) contains the entry "sufficient service for retirement."

6.  In his self-authored statement, dated 24 August 2009, the applicant states that his former spouse currently qualifies for TRICARE health benefits under the "20-20-15" rule and that he would like her to qualify for TRICARE health benefits under the "20-20-20" rule.  He served for 22 years in the Army and was married to his former spouse for 24 years.  If he had served 2 more months, she would have qualified for the benefits under the "20-20-20" rule.  He adds that his former spouse provided a tremendous amount of support during their marriage and that they continue to jointly support their 22-year old son who is currently serving in the Army National Guard.  He further adds that he retired to care for his mother and father.

7.  According to the official TRICARE website, http://www.tricare.mil, an unmarried former spouse may be eligible for TRICARE if the former sponsor's Personnel Component determines that the former spouse fits one of two scenarios.  In both scenarios, the former sponsor must have 20 years of creditable service toward determining retirement pay.

	a.  The "20-20-20" rule:  A former spouse is eligible for TRICARE under his/her own social security number as long as the former sponsor has at least 20 years of creditable service toward determining retirement pay, the beneficiary was married to the same sponsor for at least 20 years, and all 20 years of marriage overlap the 20 years of creditable (Active or Reserve) service which counts toward the sponsor's retirement.

	b.  The "20-20-15" rule:  A former spouse is eligible for TRICARE under his/her own social security number as long as the former sponsor has at least 20 years of creditable service toward determining retirement pay, the beneficiary was married to the same sponsor for at least 20 years, and 15 of those years overlap the 20 years of creditable (Active or Reserve) service which counts toward the sponsor's retirement.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.

	b.  Item 12b shows the Soldier's transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for makeup of lost time, or retained on active duty for the convenience of the government.

	c.  Item 12c (Net Active Service This Period) shows the amount of service this period computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after the expiration of term of service, if any, are deducted and such time will be identified in item 18 (Remarks).

9.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Chapter 12 provides for retirement for length of service.  Paragraph 12-5 states, in pertinent part, that an approved application for retirement may not be withdrawn by the Soldier unless it is established that retention on active duty will prevent an extreme hardship to the Soldier or his/her immediate family.  The hardship must have been unforeseen at the time of application.  An application for retirement may not be withdrawn after travel has been performed for retirement.  The retirement date will not be changed unless, after the application is submitted, events that justify a change in the retirement occur that would cause an extreme hardship to the Soldier or immediate family.  Requests for withdrawal of applications or change in retirement date must be fully documented.  The request will be forwarded with one copy of the DA Form 2339 through channels to reach the retirement authority at least 30 days before the previously requested retirement date.  The retirement approval authority will disapprove those requests that clearly do not meet established criteria or are not fully documented.  In cases not involving Soldier requests based on hardship or those not involving court-martial, administrative discharge, or physical disability, an approved retirement may be revoked, or the effective date delayed, based on the best interest of the Army.  In such situations, requests for revocation or delay may be submitted on a case-by-case basis through Commander, U.S. Army Human Resources Command, to the Deputy Chief of Staff, G–1.  Requests must be fully justified.

10.  Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of the Department of Defense and the military services to assist in the collection and analysis of separation data.  The "RBD" code is the correct code for Soldiers separating under chapter 12 of Army Regulation 635-200 by reason of voluntary retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his retirement date should be changed to add two more months of service so his former spouse may qualify for TRICARE health benefits under the "20-20-20" rule.

2.  The evidence of record shows that applicant submitted a voluntary request for retirement wherein he acknowledged that he understood the rules pertaining to withdrawal of his application for retirement once it has been accepted by the retirement approval authority.  His request was accordingly approved and he was subsequently retired on 31 August 2005.  His DD Form 214 correctly captures his period of active service.  There is neither an error nor an injustice.

3.  The retirement date is not changed unless, after the application is submitted, events that justify a change in the retirement occur that would cause an extreme hardship to the Soldier or immediate family.  There is no evidence in this case that the applicant retired because of a hardship, emergency, care for his parents, or any other reason.  Even in a situation where a change would have been warranted, the request for the change should have been submitted prior to the Soldier's retirement, not 3 years later.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  __X_____  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.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090014883



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ABCMR Record of Proceedings (cont)                                         AR20090014883



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