IN THE CASE OF: BOARD DATE: 18 November 2014 DOCKET NUMBER: AR20140005677 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, the spouse of a former service member (FSM), requests reconsideration of her earlier request to amend the FSM's DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate). 2. The applicant states: * she acknowledges receipt of the Board's decision * the Board overlooked key evidence; the witness signed the day after she is purported to have signed 3. The applicant provides no new documentary evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130001653 on 10 October 2013. 2. The applicant provides a new argument which warrants consideration by the Board. 3. The FSM was born on 22 July 1958. Having prior enlisted service in the Regular Army and Army National Guard (ARNG), he was appointed as a second lieutenant in the ARNG in 1983. He was appointed as a second lieutenant in the U.S. Army Reserve in 1985. He married the applicant on 12 November 1995. 4. On 26 September 2001, the FSM was sent a memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter); confirming he was eligible to receive retired pay at age 60. 5. The FSM's DD Form 1883, dated 7 November 2001, shows he elected Reserve Component SBP (RCSBP) Option A (Defer) and declined to make an election at that time, but he would remain eligible to make an election for coverage at age 60. This form further shows in the block marked "Signature of Spouse (if married)" a signature of the applicant's same name on 6 November 2001, apparently concurring with the FSM's election. 6. Effective 7 January 2012, the FSM was assigned to the Retired Reserve in the rank of lieutenant colonel. 7. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 8. 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, or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 9. 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. Failure to elect an option results in the default election of Option C. The declination, with the spouse’s consent, must be made before the end of the 90-day period beginning on the date on which the member receives his/her 20-year letter. DISCUSSION AND CONCLUSIONS: 1. Whether or not the applicant's signature is forged, the law requires the spouse's written concurrence. The DD Form 1883 shows both the FSM and the applicant signed on 6 November 2001. That page which shows the election chosen, however, is not signed by the FSM, and then witnessed, until a day later (7 November 2001). Therefore, there is no evidence the applicant ever received proper notification of the election made by the FSM. 2. In those cases where either no election is made, or the election is invalid, the level of participation in SBP reverts to Option C on the DD Form 1883, which is the maximum level. 3. Based upon the above, the FSM's records should be corrected to show automatic full immediate coverage under RCSBP. 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 an amendment of the ABCMR’s decision in Docket Number AR20130001653 on 10 October 2013. As a result, the Board recommends the DD Form 1883 be invalidated and the Reserve Component Survivor Benefit Plan coverage be provided to the applicant per the law at the maximum level. _______ _ ___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) AR20140005677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1