RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01884

XXXXXXXXXXXXX (MEMBER)	COUNSEL:  NONE

XXXXXXXXXXXXX (APPLICANT)	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

Correct the deceased service member’s record to reflect 20 years of satisfactory service toward retirement.

APPLICANT’S CONTENTIONS

Her deceased spouse’s record reflects he was credited with 19 years, 5 months, 25 days of satisfactory service towards retirement.  He had 56 points towards the 20th year of satisfactory service; however, he died prior to reaching his Apr 20 R/R year.

Her deceased spouse’s Date of Initial Entry into Military Service was 17 Nov 98 and his pay date was 12 Oct 99.  His Retention/Retirement (R/R) year closed on 10 Apr 20, and required 50 total points for a year of satisfactory service to be credited towards retirement.  Her spouse died unexpectedly on 4 Oct 19, eight days prior to his pay date.  Currently, his point summary for the current R/R year reflects 56 points toward a satisfactory 20th year of service.
 
If he had lived until Apr 20, without serving any more inactive or active time, his family would be eligible for retirement benefits.  A correction to his record would enable her and their daughter to receive critical retirement and healthcare benefits, such as automatic Reserve Component Survivor Benefit Plan (RCSBP) election of Option C, afforded to them under congressional intent, which would reduce the burden on their family.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is the widow of a deceased Air National Guard master sergeant (E-7).

On 4 Oct 19, according to a Death Certificate provided by the applicant, the service member died.  

On 8 Oct 19, according to the Air Force Casualty Information Report provided by the applicant, the deceased service member was actively participating/Present for Duty with the Air National Guard at the time of his death.

On 4 Mar 20, the deceased service member’s Point Credit Accounting Summary reflected 19 years, 5 months, 25 days satisfactory service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

10 U.S.C. § 1448(a) (2) (B).  “Participants in the plan.  The Plan applies to the following persons, who shall be participants in the Plan: … Reserve-component annuity participants.  A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.”  

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  A review of the deceased service member’s Military Personnel Record shows as of 4 Oct 19, he completed 19 years, 5 months, 25 days of satisfactory Federal service.  Members of the Air Force Reserve and Air National Guard who complete the satisfactory years of service to qualify for retired pay at age 60, are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.  Unfortunately, the service member passed away just short of his 20th year of service. 

The deceased service member would have needed to have earned at least 50 points as well as complete his full R/R year.  Meeting both of these requirements would make him eligible for a Reserve Retirement.  In accordance with Department of Defense Instruction (DoDI) 1215.07, Service Credit for Non-Regular Retirement, paragraph 3.1. Criteria for Establishing the Service Requirement for a Satisfactory Year of Service for Non-Regular Retirement, “…a qualifying year of service for non-regular retired pay is a full-year during which a member of an Active or Reserve Component is credited with a minimum of 50 retirement points.  An accumulation of 20 such years, except as otherwise provided by law, is only one requirement necessary to qualify for non-regular retired pay.”   The deceased service member was approximately 6 months shy of his 20th year; therefore, not eligible for a Reserve retirement or any benefits that would accompany a retirement.  Although he completed 56 points, he could only receive a partial year of creditable service, totaling 5 months and 25 days.  In accordance with DoDI 1215.07, a partial qualifying year is “any period less than 12 full months in which the retirement points credited to a service member, when computed proportionally, are equal to or greater than 50 retirement points.”  If the deceased service member had completed the full year for retirement credit, he would have been afforded the opportunity to make an RCSBP election in accordance with Title 10 U.S.C 1448 (a) (2) (B). 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Aug 21 for comment (Exhibit D), and the applicant replied on 5 Oct 21.  In her response, the applicant provided a synopsis of the deceased service member’s retirement status and a memorandum of support from the deceased service member’s Air National Guard leadership.  The memorandum of support details the deceased service member’s career, to include multiple deployments, and requests the Board provide favorable consideration to the applicant’s request.  

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  DoDI 1215.07 requires service members to earn at least 50 points as well as complete a full R/R year to earn a satisfactory year of service.  The deceased service member completed 56 points during the R/R year in question; however, he only received a partial year of creditable service, totaling 5 months and 25 days because he did not complete his full R/R year.  The deceased member’s service to his country is noted; however, without evidence to substantiate he completed the satisfactory years of service to qualify for retired pay, the Board is unable to recommend relief.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-01884 in Executive Session on 2 Dec 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTT, w/atch, dated 22 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Aug 21.
Exhibit E: 	Applicant’s Response, w/atch, dated 5 Oct 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.