MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 February 2000                   
	DOCKET NUMBER:   AR1999032591

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that the records of her deceased spouse, a service member (SM), be corrected to show he was eligible to enroll in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT STATES:  That at the time the SM died in December 1997 of injuries sustained in an automobile accident while traveling on business, he was in the U. S. Army Reserve and had nearly 19 years of service.  She understands that the Army uses the “point system” in determining service credit and by that system the SM has been given credit for less than 19 years.  She would appreciate an explanation of the “point system” in understandable terms.  Nonetheless, since the SM did have more than three-quarters of the points necessary for retirement, she is wondering if she could receive a pro-rated amount of the retirement benefits which would be due him had he lived to complete his intentions.

EVIDENCE OF RECORD:  The SM's military records show:

After having had prior service in the active Army, he enlisted in the Army National Guard and later the U. S. Army Reserve.

The SM died on 17 December 1997.  The Retirement Points Accounting System shows that at the time of his death he had more than 20 years of reserve component service; however, only 16 of those years qualified towards retirement (i. e., years in which he earned 50 or more retirement points).  

Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.  Three options are available:  (A)  elect to decline enrollment and choose at age 60 whether to start SBP participation; (B)  elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C)  elect that a beneficiary receive an annuity immediately upon their death if before age 60. 

Section 12731 of Title 10, U.S. Code, authorizes retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years (“good years”) of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The Board understands the applicant’s desire to be awarded a pro-rated portion of the SM’s RCSBP.  Unfortunately, the law is clear that only those soldiers who are retirement-eligible (qualified to receive retired pay at age 60) are eligible to enroll in the RCSBP.  Since the SM earned 50 or more retirement points in only 16 out of his total years of service, he was 4 years short of qualifying for retired pay.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__vbc___  __jps___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999043691	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.