Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011313
Original file (20100011313.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011313 


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, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-regular retirement.

2.  The applicant states:

* the FSM died on 19 November 2009, the same day his Nineteen Year Letter was published
* the FSM's ARPC Form 249-E (Chronological Statement of Retirement Points) shows he had 19 years, 11 months, and 26 days of creditable service towards a non-regular retirement at the time of his death
* the FSM served honorably in the U.S. Marine Corps, the U.S. Air Force, the U.S. Army, and he began his service in the U.S. Army Reserve (USAR) on 15 November 1997
* the FSM fully intended to complete his military career and to remain a member of the Retired Reserve after his retirement until age 60
* the FSM's record indicates he had executed an "Indefinite Reenlistment" that set his expiration term of service (ETS) at 29 April 2016 (his 60th birthday)
* Human Resources Command received the FSM's Certificate of Death and took no action on retirement/survivor benefits as a result of not having a 20-Year Letter on file



3.  The applicant provides copies of the FSM's Certificate of Death and his ARPC Form 249-E dated 28 December 2009.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U.S. Marine Corps (USMC), USMC Reserve (USMCR), and the U.S. Air Force, the FSM enlisted in the USAR on    15 November 1957.  He continued to serve as a member of the USAR until he died on 19 January 2006.

2.  On 19 January 2006, the FSM was issued an Upcoming Eligibility for Retired Pay at Age 60 (Nineteen Year Letter).  He was told that according to the Retirement Points Accounting System, he had completed 19 qualifying years of service for retirement and would soon meet the eligibility requirements for retired pay at age 60.  He was informed that once he had completed 20 qualifying years, he would receive his Notification of Eligibility for Retired Pay at age 60 (20-Year Letter) which would contain information concerning the survivor benefit plan.

3.  The FSM's ARPC Form 249-E dated 6 August 2010 shows he completed a total of 19 years, 11 months, and 26 days of qualifying service for retirement.  It also shows that for his retirement year beginning 15 November 2005, his retirement year ending (RYE) date would have been 14 November 2006.   

4.  Army Regulation 135-180 (Army National Guard and USAR Qualifying Service for Retired Pay Non-regular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve component Soldiers.  This regulation specifies, in pertinent part, that to be eligible for retired pay an individual must have attained age 60 and completed a minimum of 20 years of qualifying service and that subsequent to 1 July 1949, qualifying service is granted only for each year of service an individual earns 50 or more retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions are noted.  Unfortunately, the FSM did not complete a full year of Army service that could be adjusted for the purpose of qualifying him for a non-regular retirement, as all his other Army years of service are already qualifying years.

2.  His ARPC Form 249-E shows that all of his Army service was calculated as qualifying years except for the year in which he died, which is not a full year of Reserve service.  There is no adjustment that can be made to his retirement points to qualify him for a non-regular retirement.  Regrettably, there is no relief that can be granted by the Army in the applicant's case.  The applicant might consider applying to the Board for Correction of Naval Records and ask if the FSM's USMCR year of service could be made into a qualifying year.

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)                                         AR20100011313



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011313



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090014735

    Original file (20090014735.txt) Auto-classification: Approved

    The 11 May 2009 HRC letter is correct, the FSM did not file an RCSBP election in 1975 when he received his 20-year letter. Therefore, based on the above facts and findings, it is appropriate to correct the records to show: a. the FSM was entitled to receipt of retired pay at age 60 based on 30 qualifying years of service and 2,931 retirement points; b. he elected to receive retired pay effective 5 September 1994 and was transferred to the Retired List at that time; c. the FSM elected to...

  • ARMY | BCMR | CY2002 | 2002077994C070215

    Original file (2002077994C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show that he was eligible for retirement and retired pay at age 60, and that she be paid a Reserve Component Survivor Benefit Plan (RCSBP) annuity. The applicant’s counsel states, in effect, that this application is based on three legs. Since the deceased FSM had less than a month to qualify for retired pay, and his command requested a 20 year letter be issued...

  • ARMY | BCMR | CY2012 | 20120008876

    Original file (20120008876.txt) Auto-classification: Approved

    It states the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a Reserve Component annuity and dies: a. before being notified under section 12731(d) of this title that he/she has completed the years of service required for eligibility for Reserve Component retired pay; or b. during the 90-day period beginning on the date he or she receives notification under section 12731(d) of this title that he/she has completed...

  • ARMY | BCMR | CY2008 | 20080011795

    Original file (20080011795.txt) Auto-classification: Approved

    In a continuation of her DD Form 149, the applicant stated the FSM had made application for retired pay based on his service in the Army National Guard and Army Reserve. In her continuation of her DD Form 149, the applicant stated the FSM had made application for retired pay based on his service in the Army National Guard and Army Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he timely applied...

  • ARMY | BCMR | CY2014 | 20140004712

    Original file (20140004712.txt) Auto-classification: Denied

    The applicant provides copies of: * DD Form 214 (Report of Separation from Active Duty) for the period 17 July 1974 to 14 July 1978 * Marriage License for the FSM and applicant, dated 8 July 1989 * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 16 September 1996 * Memorandum, U.S. Army Reserve (USAR) Personnel Command, subject: Expiration Term of Service (ETS), dated 16 May 1998 * U.S. Army Human Resources Command (HRC) Form 249 (Chronological Statement of...

  • ARMY | BCMR | CY2005 | 20050000205C070206

    Original file (20050000205C070206.doc) Auto-classification: Approved

    The applicant, the wife of the deceased former service member (FSM), requests that her late husband's records be corrected to show that he completed 20 years of qualifying service for retired pay at age 60 and that she be provided survivor benefits. The applicant reasons that, at the time of the FSM’s death on 7 February 2001, he would have had over 19 years and 11 months of qualifying service for retirement at age 60. His retirement years 1985 through 2001 as an Army National Guard Unit...

  • ARMY | BCMR | CY2014 | 20140003941

    Original file (20140003941.txt) Auto-classification: Denied

    20 November 2013, by letter, HRC responded to the applicant and stated by law, the FSM had 90 days from the date he received his 20-year letter to submit DD Form 1883. Public Law 95-397, enacted 30 September 1978, provided a way for RC members who qualified for Reserve retirement, but were not yet age 60 and eligible to participate in the SBP, to provide an annuity for their survivors should they die before reaching age 60. The FSM's records do not indicate that he elected to participate...

  • ARMY | BCMR | CY2011 | 20110009960

    Original file (20110009960.txt) Auto-classification: Denied

    The applicant, the daughter of a deceased former service member (FSM), requests the FSM's records be corrected to show she had completed 20 years of qualifying service for a non-regular retirement and that the applicant be shown as eligible for a Survivor Benefit Plan (SBP) annuity. Public Law 95-397, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement [20 or more qualifying years] but were not yet age 60 to provide an annuity for their survivors...

  • ARMY | BCMR | CY2013 | 20130001440

    Original file (20130001440.txt) Auto-classification: Denied

    This letter further informed him: By law, you have only 90 calendar days from the date you receive this letter to submit your DD Form 1883 (SBP Election Certificate). Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Non-Regular Service), paragraph 2-1a indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a...

  • ARMY | BCMR | CY2001 | 2001062721C070421

    Original file (2001062721C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that she be granted entitlement to annuity benefits from the Reserve Component-Survivor Benefit Program (RC-SBP) based upon her deceased husband’s, the former service member (FSM), years of service in the Army National Guard (ARNG) and Army Reserve (USAR). A subsequent Chronological Record of Military Service (ARPC Form 249-3), dated 29 July 1994, indicates only one qualifying year between the retirement year ending (RYE) 30 June 1958 and the 12 August...