PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002076229

	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. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he was eligible for a Reserve retirement and that he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).  She states that the FSM passed away before he could correct his records to show he actually had 22 years of qualifying service for retired pay.  His Statement of Retirement Points does not reflect the time he spent in the U. S. Army Reserve from 15 August 1962 - 21 August 1965.

3.  The FSM’s military records show that he was born on 31 October 1938.  He and the applicant married on 6 April 1958.  He served in the Regular Army from August 1959 - August 1962, when he was transferred to the Individual Ready Reserve and served until he was discharged in August 1965.  He enlisted in the Army National Guard in September 1974 and transferred to the U. S. Army Reserve on 7 March 1975.

4.  The FSM's Statement of Retirement Points showed that he had completed    19 qualifying years for a Reserve retirement as of retirement year ending            7 March 1991.  The Statement of Retirement Points originally did not show his service in the Individual Ready Reserve.  He died on 10 June 1991.  An updated Statement of Retirement Points includes his service in the Individual Ready Reserve; however, they were not qualifying years for retirement as he earned only 15 membership points during each of the three years in question.

5.  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.  If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.  

6.  Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying 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.

CONCLUSIONS:

1.  There is no evidence of Government error or injustice in this case.  The FSM's Statement of Retirement Points was corrected to add his service in the Individual Ready Reserve during the period August 1962 - August 1965 but he did not earn 50 points during any of these years so none of them were qualifying years for a Reserve retirement.  As of retirement year ending date 7 March 1991, he had completed only 19 years of qualifying service.  He died on 10 June 1991. He could not have earned his 20th qualifying year even if he had actively served up until the day of his death.

2.  However, the FSM had served for 19 years, 5 months, and 16 days.  The unfortunate timing of his death has worked a hardship on his spouse, the applicant, who was married to him for his entire military career.  It would be compassionate to now correct the FSM's records to show he earned a Reserve retirement thereby making her eligible to receive an RCSBP annuity.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by redistributing some of the FSM's retirement points from any of his "good years" to show he earned 50 retirement points during one of his years in the Individual Ready Reserve

2.  That the records be corrected to show the FSM was issued a notification of eligibility for retired pay at age 60 on 1 April 1991 and that he completed a Survivor Benefit Plan Election Certificate, DD Form 1883, at that time electing to participate in the RCSBP for spouse only coverage, option C, full base amount.

3.  That the applicant be paid an RCSBP annuity retroactive to 10 June 1991, the date of the FSM's death.

BOARD VOTE:  

__JHL__  __MVT__  ___RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston   _
		        CHAIRPERSON

INDEX

CASE ID	AR2002076229	
SUFFIX		
RECON		
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.