ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: January 14, 2020 DOCKET NUMBER: AR20170003110 APPLICANT REQUESTS: the retirement points of her deceased husband, a former service member (FSM), be corrected to allow the issuance of a 20-Year Letter. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Marriage Certificate * Death Certificate * 2004 Retirement Points Statement * 1965 Enlistment Contract * Statement of Service Retirement * Verification for Survivor Annuity FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 when her late husband turned 60, he received a letter from the Army indicating he did not have enough retirement points got retirement. At that point, he was ill and not in apposition to challenge this issue. The retirement point statement sent to her is not inclusive of all his years of service. 3. Review of the FSM's service records shows: a. The FSM was born in February 1946. He and the applicant were married on 8 December 1974. b. He enlisted in the U.S. Army Reserve for 6 years on 18 October 1965. c. He entered active duty for training (ACDUTRA) on 15 August 1966 and completed training for award of military occupational specialty 71A (Clerk). d. He was honorably released from ACDUTRA on 19 December 1966 and transferred back to his Reserve unit. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 4 months and 5 days of service. e. He executed an oath of office and was appointed as a Reserve commissioned officer on 18 October 1967. He served consecutively in the USAR, accruing in excess of 50 retirement points in each anniversary year (AY) between October 1967 and October 1979. f. He only received membership points (15 retirement points) in each anniversary year (AY) between October 1980 and October 1986. No documents exist to show he earned any active or inactive retirement points during this period. g. He was honorably discharged from the USAR on 23 December 1987. (1) An undated Statement of Service Retirement provided by the applicant shows 14 qualifying years of service between October 1965 to October 1979. (2) An ARPC 249-2-E (Chronological Statement of Retirement Points), dated 2 January 2004, and provided by the applicant shows completion of 9 qualifying years of service between October 1967 and October 1986. h. The FSM died on 21 November 2014. He was 68 years of age ta the time of death. 4. An advisory opinion was received from the U.S. Army Human Resources Command (HRC) on 12 December 2019 in the processing of this case. An advisory official reviewed the applicant's request for issuance of a 20-Year Letter/Correction to retirement points and determined he has a total of 14 years of qualifying service. To be eligible for a 20-year retirement after 1 July 1949 a qualifying year is defined as having earned at least 50 retirement points per year for that service to be creditable for retirement. The FSM did not earn 50 retirement points for the following years: 1980- 1987. Enclosed is a copy of his Chronological Statement of Retirement Points (DA Form 5016), that reflects 14 qualifying years of service. It is the opinion of the GAR Branch that the FSM is not eligible for a 20 Year Letter. 5. The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a rebuttal and/or additional comments. 6. By law and regulation, Reserve Component members are required to complete 20 years of qualifying service in order to be eligible for non-Regular retired pay. A qualifying year of service for non-Regular retired pay is a full retirement year during which a Regular or Reserve member is credited with a minimum of 50 points. He completed 14 years of qualifying service toward non-regular retirement. He did not complete 20 qualifying years of service required for notification of eligibility for retired pay at age 60. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found they agreed with the HRC advisory opinion; the FSM only completed 14 years of qualified years of military service towards retirement. Therefore, the Board recommended denying the applicant’s requested relief. 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. Expired certificate X CHAIRPERSON Signed by: ANGLEMYER.MICHAEL.F.1144082873 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states in paragraph 2-1 that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have: (1) attained age 60, (2) completed a minimum of 20 years of qualifying service, and (3) served the last 8 years of his or her qualifying service as an RC Soldier. During the period October 1991 to December 2001, the requirement to serve the last 8 years in an RC was amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero years. This regulation also specifies, in part, that each RC Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service. 3. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers. Chapter 7 relates to the removal of Soldiers from an active status and states that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 4. Title 10, U.S. Code, section 12731, provides the legal age and service requirements for age and service for Reserve non-regular retirement. It states that a person is entitled, upon application to retired pay if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this Title, and is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. //NOTHING FOLLOWS//