PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 April 2000                  
	DOCKET NUMBER:    AR1999033918

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

	Mr. Edmund P. Mercantin		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the records of her late husband, a Former Service Member (FSM), be corrected to show that he completed 20 qualifying years of service for retired pay, was given a “20 year letter” certifying his eligibility for retired pay at age 60, and he elected to participate in the Survivor Benefit Plan (SBP).

3.  The applicant states that it was her husband’s intent to complete 20 qualifying years of service, as evidenced by his last extension of his enlistment, which established the expiration of his term of service (ETS) as 19 January 2003.  At the time of his death he had 19 years, 9 months and 26 days of creditable service.

4.  The FSM’s military records show that he enlisted in the Regular Navy on 2 June 1967, served in Vietnam, was promoted to pay grade E-5, and was honorably released from active duty on 1 March 1971 due to a reduction in force.

5.  He enlisted in the Army National Guard on 20 January 1984 where he served continuously, being promoted to pay grade E-6, serving as an artillery fire support sergeant and, when his unit was reorganized, served as the unit’s first cook.

6.  On 2 November 1996 he extended his enlistment for 6 years, giving him an ETS of 19 January 2003.

7.  On 10 October 1999 the FSM was the driver of his privately owned vehicle traveling to weekend drill when he was involved in a traffic accident.  The accident report shows that the FSM’s car was hit by another car which failed to stop at a stop sign.  The FSM was pronounced dead on arrival at the hospital.

8.  A retirement point summary was prepared on the FSM which shows that he had 19 years, 9 months and 26 days of creditable service at the time of his death.

9.  In the processing of this case the staff of the Board contacted the Army Reserve Personnel Command (RC-PERSCOM) which stated that approximately 60 percent of reservists and guardsmen elect SBP when they attain 20 qualifying years of service.

10.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  The election made by the member was irrevocable.  Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the Survivor Benefit Plan to members and former members of the Reserve Components who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible for retired pay.

11.  In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB) which recommended approval of the applicant’s request.

CONCLUSIONS:

1.  It is evident that the FSM would have attained 20 qualifying years of service if it were not for his untimely death.

2.  Since most reservists and guardsmen opt for SBP, the Board will assume that the FSM would have also elected the SBP.

3.  In order to show that the FSM had 20 qualifying years of service, it is necessary to correct his record to show that a year which was not qualifying for retired pay was in fact qualifying.  A review of his retirement point summary shows that he earned 15 points for his Retirement Year Ending (RYE) 25 January 1973.  The FSM has sufficient retirement points over the 50 required to qualify a year for retired pay in all his subsequent years of service.  As such, the additional retirement points may be redistributed to show that he earned 50 retirement points for RYE 25 January 1973.

4.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by 

	a.  redistributing the retirement points of the individual concerned to show that he earned 50 retirement points for RYE 25 January 1973;

	b.  issuing to him a “20 year letter” certifying his eligibility for retired pay at age 60; and

	c.  showing that he elected to participate in the SBP and elected Option C, immediate annuity.

BOARD VOTE:  

_fne_____  __cla___  __svw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033918	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.04	
2.		
3.		
4.		
5.		
6.