IN THE CASE OF:	  

		BOARD DATE:	        18 December 2008

		DOCKET NUMBER:  AR20080014159 


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, in effect, that his military records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage.

2.  The applicant states that he wants to add his spouse to his SBP so she will receive his pension in the event of his death.  He contends that he has always listed his spouse as beneficiary in all transactions and that he was sure that he filled out the same for his Army National Guard pension.  He points out that he has been married for 34 years and his wife has supported his decision to serve in the Army National Guard.    

3.  The applicant provides a DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate) and a marriage certificate. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 2 January 1952.  He married on 1 June 1974.  Having prior Reserve Component service, the applicant enlisted in Army National Guard on 18 August 1979.  

2.  On 27 September 1992, the applicant received his notification of eligibility for retired pay at age 60 (his 20-year letter).  This letter indicates that SBP information was an enclosure to the letter.  The Pennsylvania Army National Guard has no record of the applicant having submitted an election.  

3.  On 15 May 2008, the applicant was honorably discharged from the Army National Guard for being medically unfit for retention and transferred to the Retired Reserve.

4.  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.  

5.  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.  Before the law was amended in October 2000, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60, or else wait until he/she applies for retired pay and elect to participate in the standard SBP.  In other words, failure to elect an option resulted in the default election of option A, decline enrollment and choose at age 60 whether to start SBP participation.

DISCUSSION AND CONCLUSIONS:

It appears the applicant did not make an RCSBP election in 1992.  His options are to enroll during the next Open Season or upon reaching age 60, whichever comes sooner.  Regrettably, there is no basis for granting the applicant's request.  

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________xxx_____________
               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)                                         AR20080014159



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ABCMR Record of Proceedings (cont)                                         AR20080014159



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