IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220009021 APPLICANT REQUESTS: correction of the Former Service Member's (FSM) records to show: * he received his 20-Year letter for non-regular retirement * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Document Entitled Military Record * Letter of Employment * Letter Proposed Position/Responsibility * Letter Extension of Deployment * Certificate of Death * DA Form 5016 (Chronological Statement of Retirement Points) * Memorandum, Subject: Request Issuance of 20 Year Notification of Eligibility Letter for Deceased Servicemember * Letter from the U.S. Army Human Resources Command (HRC) FACTS: 1. The applicant, the wife of the FSM, states, in effect: a. The FSM did not receive a 20-Year letter for retirement due to his untimely death on 13 May 2021. He was two months short of his retirement year ending date of completing his 20th good year. b. He had already earned 56 points so far in this retirement year and had also served through at least one year (2002) where he was one point short of having a good year, which would have transformed this year into his 21st good year. The injustice is that the FSM should be granted his 20-Year letter based on the fact that he had already earned the points required, was in good standing in his unit, and had served more than 20 years in duration throughout his career. c. This correction should be made to reflect the honorable and faithful service that the FSM gave to the United States covering more than 21 years in duration of service, which is not currently reflected by a 20-Year service letter. d. Providing the FSM with a good year based on points earned will demonstrate the Army's commitment to its Soldiers and respect and support for their families. e. There are three instances that could be used to justify an additional good year for the FSM. One, he was one point short of a good year in 2002, and that time is not accounted for his 20 years. f. Secondly, the FSM deployed to Afghanistan as a civilian in support of Operation Enduring Freedom and was unable to earn a good year as a Reservist in 2012 even though he was supporting the United States war effort for over 18 months in a combat zone. g. Lastly, the FSM had earned enough points in 2021 for a good year (56) but died on 13 May 2021 which was two months short of his retirement year ending date, which would have qualified him with 20 good years of service for retirement. Any of these three years could be used to grant the FSM a good year and display our country’s gratitude for his faithful service. 2. The FSM's service record contains the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows the FSM enlisted in the U.S. Army Reserve (USAR), as a cadet on 20 September 1991 for a period of 8 years. b. DD Form 4 shows the FSM enlisted in the Army National Guard (ARNG) on 9 October 1991 for a period of 8 years. c. National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the FSM entered the ARNG on 9 October 1991 and was discharged on 13 May 1993. He completed 1 year, 7 months, and 5 days of net service. He was discharged for enlistment, reenlistment, immediate reenlistment, or appointment in any component of the Armed Forces. d. DA Form 71 (Oath of Office - Military Personnel) shows on 14 May 1993 the FSM completed the oath of office and was appointed as a Reserve commissioned officer. e. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the FSM, as a member of the USAR, entered active duty, in the rank of 2LT, on 9 July 1994 and was released on 1 November 1994. He completed 3 months and 23 days of service. f. DD Form 4 shows the applicant enlisted in the USAR on 3 July 2002 for a period of 6 years. He continued service through extensions/reenlistments. g. DD Form 214 shows the FSM, as a member of the USAR in the rank of staff sergeant (SSG), entered active duty on 3 October 2008 in support of Operation Enduring Freedom. He was released on 2 October 2011. He completed 3 years of net active duty service with 3 years, 2 months, and 15 days of prior active service, and 11 years and 15 days of prior inactive service. h. A Wisconsin Certificate of Vital Record, which shows the applicant and the FSM were married on 29 February 2016. 3. The applicant provides the following documents for the Board's consideration: a. A document entitled Military Record, dated 24 January 2010, which shows the FSM entered the ARNG on 9 October 1991 and was separated on 13 May 1993. He was in the USAR Individual Ready Reserve from 9 July 1994 and was separated on 1 November 1994. He enlisted in the USAR on 3 July 2002. b. A letter of employment dated 13 April 2011, which shows the FSM was extended an offer for employment starting on 24 October 2011. An addendum shows he was offered a foreign assignment package. c. A letter dated 4 December 2012, confirmed the FMS's extension for deployment as a civilian. The letter included an addendum which offered him a foreign assignment package. d. A State of Certificate of Vital Record (Certificate of Death) shows the FSM died on 13 May 2021 and the applicant is his spouse. e. A DA Form 5016 dated 27 May 2021, shows: He has a total of 19 years of qualifying service for retired pay and 3,508 total creditable points. f. A memorandum from the Commander of Mission Command Support Group to HRC, dated 30 March 2022, which states in effect: (1) He was requesting that a 20-Year Notification of Eligibility Letter (20-Year letter) be issued for the FSM, who died while under his command. The FSM served in the USAR since 1993 and was due to complete his 20-qualifying year for retirement purposes on 2 July 2021. Unfortunately, the FSM's untimely passing occurred on 13 May 2021, less than two months before his retirement year ending date. (2) The FSM's surviving spouse submitted a request to the Army Review Boards Agency seeking redress, but it was returned to her without action or prejudice due to HRC having not yet denied the FSM a 20-Year letter. HRC has not made any determination on a 20-Year letter for the FSM yet because the issue has not been brought to the HRC's attention until now. (3) The FSM's DA Form 5016 indicates he had already received 70 creditable points toward his final retirement year before he died. Without any more duty days, the FSM would have still been eligible for a 20-Year letter if he lived 50 more days, a very short span of time considering that he had served in the USAR since 1993. The unfortunate timing of his passing has placed his anticipated retirement survivor benefits in a gray area that is bewildering for his family. Accordingly, it is respectfully requested that HRC apply its discretion and issue a 20-year letter for the FSM based on his service record and the substantive facts of his case. g. A letter from HRC, dated 16 May 2022, which states the applicant's request for a Survivor Benefit Plan (SBP) annuity based on the military service of her spouse, the FSM, had been denied. According to their records, the FSM did not complete 15 or 20 years of qualifying service; therefore, she was not eligible for SBP annuity. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the FSM would have received his 20-Year Letter prior to his untimely death if he had earned one additional retirement point during the retirement year ending on 2 July 2003. The Board further found that he had several years in which he had earned more than the 50 points required for a “good” year. The Board determined it would be appropriate to move one retirement point from a “good” year to the retirement year ending 2 July 2003 and issue a 20-Year Letter. 3. The Board noted that these corrections should result in a default election of immediate spouse coverage under the Reserve Component Survivor Benefit Plan based on the full amount of the FSM’s retired pay. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by moving one retirement point from the retirement year ending 2 July 2020 to the retirement year ending 2 July 2003 and issuing a notification of eligibility for retired pay based on 20 qualifying years of service. 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. Army Regulation (AR) 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records), in effect at the time, prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. It also prescribes guidance for USAR unit level strength accounting. a. Paragraph 2-1 (Criteria for crediting retirement points), limitations on the number of points which may be credited to a Soldier during a retirement year are: * Maximum—365 (366 during leap year) points * Maximum for inactive duty training (IDT)—60 points for IDT and membership * Membership—15 points for each year in an active status IDT and Membership points may not exceed: * Prior to 23 September 1996: 60-point rule in effect * On or after 23 September 1996: 75-point rule in effect * On or after 30 October 2000: 90-point rule in effect * On or after 30 October 2007: 130-point rule in effect All active duty training is credited. However, a Soldier can only receive credit for a maximum of 365 (366 in a leap year) retirement points in a year. b. Paragraph 2-2 (Criteria for earning retirement points), retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. c. Paragraph 2–4 (Criteria for awarding retirement points), personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. Table 2–1 provides criteria for award of retirement points for IDT performed in accordance with AR 140-1. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points. * Four-hour rule - One point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly, maximum of 2 points in 1 calendar day * Two-hour rule - One point for each 2 hour or greater period, Two-hour aggregates of shorter periods may be used, except in the case of 2-hour unit training assemblies; maximum of 1 point in 1 calendar day * Two/eight-hour rule - One point for each 2 hour or greater period, Two-hour aggregates of shorter periods may be used except in the case of 2-hour unit training assemblies; award of a second point in the same day requires additional hours to bring the day's total to a minimum of 8. Maximum of 2 points in 1 calendar day d. Paragraph 3-1, Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Re-lease or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), master military pay account, DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points. Units of assignment are responsible to ensure source documents are uploaded into iPERMS prior to submission of action to adjust a Soldier's retirement points. This will ensure proper validation of retirement points throughout a Soldier's career. 2. Army Regulation (AR) 135-180 (Army National Guard and Army Reserve – Qualifying Service for Retired Pay Non-Regular Service), states: a. Each Reserve Component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing within 1 year after he/she completes at least 15 but less than 20 years of qualifying service under Title 10, United States Code (USC), section 12731a and 12731b. To be eligible for retired pay at or after age 60 an individual must have completed a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732 or 15 years of qualifying service, and less than 20 years, computed under Title 10, USC, section 12732, if the individual is to be separated because the Soldier has been determined unfit for continued Selected Reserve service. b. Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Service in the Retired Reserve is not creditable as qualifying service. 3. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009021 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1