IN THE CASE OF: BOARD DATE: 11 December 2008 DOCKET NUMBER: AR20080007464 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP). 2. The applicant states that the RCSBP was never fully explained to him until he had already submitted his retirement packet. 3. The applicant provides copies of his marriage certificate and his Data for Payment of Retired Personnel (DD Form 2656), dated 6 December 2006 in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant and his spouse married on 31 December 2003. 2. On 17 March 2004, the applicant was sent a notification of eligibility for retired pay at age 60 (20-Year Letter). This letter informed him that he had a period of 90 days from the date of the letter in which to submit his election for RCSBP. 3. On 6 December 2006, the applicant, with his spouse’s concurrence, declined to participate in the SBP. 4. On 4 February 2008, the applicant became 60 years of age on 4 February 2008 and eligible to receive retired pay. 5. Defense Finance and Accounting Service (DFAS) records show that the applicant declined RCSBP coverage. 6. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 7. 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 the member dies before reaching age 60, premiums are deducted from the annuity. 8. Public Law 106-398, enacted 30 October 2000, required written spousal consent for a Reserve service member to be able to delay making an RCSBP election until age 60. The law is applicable to cases where 20-year letters have been issued after 1 January 2001. In other words, failure to elect an option now results in the default election of option C. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows that the applicant did not make an RCSBP election within the required 90-day period of receiving his 20-Year Letter, dated 17 March 2004. 2. Furthermore, his election dated 6 December 2006 to decline RCSBP coverage was improperly accepted by DFAS since it was submitted out of the allowed timeframe. 3. The applicant became 60 years of age on 4 February 2008 and entitled to receive retired pay. 4. In view of the above, and in accordance with the wishes of the applicant, his records should be corrected to show that his RCSBP election dated 6 December 2006 was rejected due to not being submitted within the authorized timeframe. 5. The applicant's records should be further corrected to show that he was automatically enrolled in the RCSBP for full and immediate spousal coverage by virtue of his failure to make an election with the allowed timeframe upon receipt of his 20-Year Letter. BOARD VOTE: ____X___ ___X____ ___X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. voiding the applicant's declination of RCSBP coverage dated 6 December 2006; and b. showing that he was automatically enrolled at the time of his eligibility to receive retired pay at age 60, for full and immediate RCSBP coverage for his spouse (Option C). __________X____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080007464 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007464 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1