IN THE CASE OF: BOARD DATE: 3 March 2015 DOCKET NUMBER: AR20140011499 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 widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's records to show he elected Reserve Component Survivor Benefit Plan (RCSBP) Option C (immediate coverage) instead of Option A (defer). 2. The applicant states the FSM was not properly counseled by his unit on his options pertaining to the Survivor Benefit Plan (SBP) or how it would take care of his spouse in the event of his death. 3. The applicant provides the FSM's: * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * DD Form 1883 (SBP Election Certificate), dated 17 March 2000 * marriage and death certificates * National Guard Bureau Form 22 (Report of Separation and Record of Service) * Army National Guard (ARNG) Retirement Points History Statement CONSIDERATION OF EVIDENCE: 1. The FSM was born on 17 December 1956. He enlisted in the New York ARNG (NYARNG) on 15 January 1980. 2. The FSM and the applicant married on 14 February 1980. 3. On 4 February 2000, the NYARNG issued the FSM a 20-Year Letter. This letter notified him that he had completed the required years of service to be eligible for retired pay at age 60. 4. On 17 March 2000, the FSM completed a DD Form 1883. In Section II (Marital, Dependency, and Election Status) of this form he indicated he was married; however, he did not desire any type of RCSBP coverage at the time. 5. Item 9c of the DD Form 1883 shows he elected to defer RCSBP enrollment by selecting Option A. 6. The DD Form 1883 includes the following statement: "IMPORTANT: The decision you make with respect to participation in this SBP is a permanent irrevocable decision. Please consider your decision and its effect very carefully." 7. The back side of the DD Form 1883 includes an explanation of each option pertaining to the completion of item 9c. The instructions provide the following explanation for Option A: "I DECLINE TO MAKE AN ELECTION AT THIS TIME. (I will remain eligible to make an election for coverage at age 60.)" The explanation section of the DD Form 1883 also includes the following statement in bold letters: "NOTE: If retiree does not elect Option B or C at this time, and should die before age 60, the survivors will not receive benefits under Public Law 95-397." 8. The back side of the DD Form 1883 also includes a section that explains the cost associated with enrollment in the program and the percentage of the service member's retired pay the survivors would receive as an annuity. 9. The FSM, his spouse (the applicant), and a witness authenticated the DD Form 1883 with their signatures in the appropriate blocks. 10. The FSM was discharged from the ARNG and transferred to the Retired Reserve on 12 September 2001. 11. The FSM died on 28 March 2014, at the age of 57. 12. Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Components Soldiers who qualified for Reserve retirement, but were not yet age 60 and eligible to participate in the SBP, to provide an annuity for their survivors should they die before reaching age 60. Three options were available: a. Option A: elect to decline enrollment and choose at age 60 whether to start SBP participation; b. Option B: elect that a beneficiary receives an annuity if they die before age 60, but delay payment until the date of the member's 60th birthday; and c. Option C: elect that a beneficiary receives an annuity immediately upon their death if before age 60. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, correction of the FSM's records to show he elected RCSBP option C (immediate coverage) instead of option A (defer). She contends the FSM was not properly counseled regarding his options pertaining to the SBP. 2. The evidence of record shows that the FSM, after receiving his 20-Year Letter, completed a DD Form 1883 in which he elected, with his spouse's knowledge, to decline RCSBP coverage at the time. 3. The DD Form 1883 clearly and completely explained the available options and requirements of law concerning submission of the FSM's RCSBP election, the cost associated with participation in the program, and the amount of the annuity the survivors would receive. If the FSM did not understand the instructions explicitly stated on the form, he should have sought assistance at that time. Further, there is no evidence showing that any Government official gave him incorrect advice. 4. In view of the foregoing, there insufficient evidence to show an error or an injustice occurred in this case. As a result, there is no basis to grant the applicant's requested relief. 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. _______ _ _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) AR20140011499 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140011499 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1