ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF:  

                  BOARD DATE:    11 April 2019

                  DOCKET NUMBER:  AR20160015911

APPLICANT REQUESTS:  posthumously grant retirement with pay.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

* DD Form 149 (Application for Correction of Military Record)
* self-authored letter
* State of North Carolina Death Certificate
* Last Will and Testament of Former Servicemember (FSM)
* retirement points worksheet
* DD Form 214

FACTS:

1.  The applicant states:

* when her father, the FSM, reached retirement eligibility he was in the midst of a prolonged battle with liver disease
* rapid deterioration of the disease prevented timely submission of his retirement package
* the FSM succumbed to a heart attack
* she requests the Board posthumously retire her father with retirement pay in honor of his unwavering dedication and commitment to serving our country for 20 years
* her father was the first in his family to enlist in the military
* he loved the military and it's traditions
* when the applicant was born in 1978 the FSM had already served his country for 5 years
* he was honorably discharged in 1980
* he intended to retire from active duty but had to separated due to family reasons
* he served an additional 15 years in the Army National Guard and Army Reserve
* his love and commitment to the military was unflappable
* he served with honor and distinction no matter what job he had
* he performed his duties with an eye to fulfilling the mission 
* he was held in high esteem by his superiors and subordinates
* his commitment and dedication align with the finest traditions of the United States Army and fill the applicant with pride
* he instilled in the applicant a zeal to serve a higher purpose 
* she proudly followed in his footsteps by joining the military at 18 years old
* he was a proud Soldier and loved serving his country
* he deserves to be retired with pay

2.  The FSM served in the Regular Army from 13 June 1973 through 26 March 1980 a period.  He served in the Army National Guard and the US Army reserves on several occasions between 9 September 1985 and 17 August 2006 according to his retirement points worksheet.  

3.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level strength Accounting Records) provides a qualifying year of service for non-regular retired pay is a full year during which a Reserve component member is credited with a minimum of 50 retirement points.  The FSM's retirement points worksheet, provided by the applicant, shows the retirement points the FSM received while serving on both active duty and in the reserves.  

4.  In the processing of this case, an advisory opinion was obtained on                           1 August 2018, from the Chief, Reserve Component Retirements Branch, US Army Human Resources Command.  It states, the Reserve Component Retirement Branch reviewed the FSM's military records.  He had 19 years, 1 month and 25 days of qualifying service.  To be eligible for retired pay at age 60, a Reserve Soldier or Former Reserve Solider must have completed a minimum of 20 qualifying years of service.  

5.  The applicant was provided a copy of this advisory opinion on 26 September 2018, to provide her an opportunity to comment and/or submit a rebuttal.  She did not respond.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the advisory opinion from the Human Resources Command and the time in service computation, the Board found that the FSM was not eligible for retirement; therefore, no error or injustice warrants correction.  For that reason, the Board recommended denying the applicant’s request for relief.  



BOARD VOTE:

Member 1	Member 2	Member 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.


												
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.

REFERENCE:

Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level strength Accounting Records) contains Army policy for USAR training and retirement point credit and guidance for unit level strength accounting.  It provide a qualifying year of service for non-regular retired pay is a full year during which a Reserve component member is credited with a minimum of 50 retirement points.  Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay.

ABCMR Record of Proceedings (cont)		AR20160015911

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