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
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ABCMR Record of Proceedings (cont) AR20100011313
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