ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20160015257 APPLICANT REQUESTS: correction of military records to change status from FRMMR/04 (Former Member) to Retired for TRICARE benefits. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that she would like correction of her military records to change her retirement status from FRMMR/04 to Retired for TRICARE benefits. 3. A review of the applicant's service record shows the following: a. Her DD Form 71 (Oath of Office) shows she was sworn in as a Reserve Commissioned Officer effective 7 September 1984. b. On 16 August 2000, the DC Army National Guard issued her a Notification of Eligibility for Retired pay at Age 60 (20-year Letter). This letter notified the applicant that she had completed the required years of service and would be eligible for retirement pay upon application at the age of 60. c. She was separated from the ARNG on 1 October 2001 and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve). Her NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) discharged the applicant from the Army National Guard effective 1 October 2001. d. She was honorably discharged from the USAR on 19 March 2010 in accordance with Army Regulation 135-175 (Separation of Officers). e. DD Form 108 (Applicant for Retired Pay Benefits) shows that the applicant applied for retirement effective 7 September 2014. f. HRC letter, dated 26 August 2014, states that the applicant's application for retired pay has been approved. g. U.S. Army Human Resources Command (HRC) letter, dated 26 August 2014, retires applicant and adds her to the retired list effective 7 September 2014. A retirement certificate shows that the applicant was retired from the U.S Army on 7 September 2014. h. The applicant is currently on the Retired List in the grade of major. 4. AFI (Air Force Instruction) 36-3026 (formally AR 600-8-14 (Identification Cards for Members of the Uniformed Services, their Eligible Family Members, and other Eligible Personnel) states that FMRMR are former members who are in receipt of retired pay for non-regular service but who have been discharged from the service and maintain no military affiliation. RET (Retired) are retired members entitled to retired pay. 5. AR 135-175 (Separation of Officers) provides for the separation of USAR and ARNG officers from the Selected Reserve. Upon reaching 20 qualifying years of service, an officer is issued a 20-Year Letter, and upon reaching age 60, an officer may submit a DD Form 108 to request placement on the retired list. 6. AFI 36-3026, attachment 1 (Glossary) states that a Former Member is an individual who is eligible to receive retired pay for non-Regular service under Chapter 1223 of Title 10, U.S.C., but who has been discharged from the Service and maintains no military affiliation. These former members are issued the DD Form 2765 and their eligible dependents the DD Form 1173 when the member reaches age 60. These former members and their eligible dependents are entitled to MC (Medical Care), commissary, exchange, and morale, welfare, and recreation privileges at age 60 when entitled to retired pay. Prior to age 60 the member is entitled to the DD Form 2 (Reserve Retired) and eligible dependents the DD Form 1173-1. These cards grant unlimited exchange and MWR privileges and limited commissary access. 7. AFI 36-3026 paragraph 1.18 (Invalid Entry in Defense Enrollment Eligibility Reporting System) the Defense Support Centers (DSC) helpdesk resolves Invalid Entry Transaction in DEERS database for sponsors and family members when: * A duplicate DEERS record exists * A collision between RAPIDS (Real-Time Automated Personnel Identification System) personnel category and or condition exists that prevents issue of an ID Card * Invalid data appears in a DEERS record that cannot be changed in the RAPIDS update capability 8. DEERS is a computerized database of military sponsors, families and others worldwide who are entitled for TRICARE and other benefits. Active-duty and retired service members are automatically registered in DEERS, but must register their family members and make sure all the information is correct to ensure TRICARE coverage. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant's contentions were carefully considered. Evidence of record shows she was placed on the Retired list upon reaching age 60. She did not provide evidence showing she attempted to resolve her DEERS concern with the Defense Support Centers help desk. The Board agreed there is no action for them to complete as she did not exhaust her administrative avenues prior to apply for relief with the ABCMR. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 12/3/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AFI (Air Force Instruction) 36-3026 (formally AR 600-8-14 (Identification Cards for Members of the Uniformed Services, their Eligible Family Members, and other Eligible Personnel) states that FMRMR are former members who are in receipt of retired pay for non-regular service but who has been discharged from the service and maintains no military affiliation. RET (Retired) are retired members entitled to retired pay. 3. AFI 36-3026, attachment 1 (Glossary) states that a Former Member is an individual who is eligible to receive retired pay for non-Regular service under Chapter 1223 of Title 10, U.S.C., but who has been discharged from the Service and maintains no military affiliation. These former members are issued the DD Form 2765 and their eligible dependents the DD Form 1173 when the member reaches age 60. These former members and their eligible dependents are entitled to MC (Medical Care), commissary, exchange, and morale, welfare, and recreation privileges at age 60 when entitled to retired pay. Prior to age 60 the member is entitled to the DD Form 2 (Reserve Retired) and eligible dependents the DD Form 1173-1. These cards grant unlimited exchange and MWR privileges and limited commissary access. 4. AFI 36-3026 paragraph 1.18 (Invalid Entry in Defense Enrollment Eligibility Reporting System) the Defense Support Centers (DSC) helpdesk resolves Invalid Entry Transaction in DEERS database for sponsors and family members when: * A duplicate DEERS record exists * A collision between RAPIDS (Real-Time Automated Personnel Identification System) personnel category and or condition exists that prevents issue of an ID Card * Invalid data appears in a DEERS record that cannot be changed in the RAPIDS update capability NOTHING FOLLOWS