BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20150002069 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

1.  On 6 February 2015, new information was received from an official at the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130018921, dated 9 July 2014.

2.  The evidence submitted consists of an email wherein the DFAS official stated there was a conflict in the former service member's (FSM) election for the RCSBP.  AR20130018921 stated the FSM made an RCSBP election for spouse and children under Option B (annuity if he died prior to the age 60, payable when he would have turned 60) while the determination/recommendation stated to pay the applicant (the widow of the FSM) the SBP annuity effective 1 March 2013, the date after her late husband died. 

ADDITIONAL DISCUSSION AND CONCLUSIONS:

6.  At the time of the decision of the ABCMR in Docket Number AR20130018921, dated 9 July 2014, it was the intent of the ABCMR to make the FSM’s record as administratively correct as it should properly have been at the time.

7.  The ABCMR's decision in Docket Number AR20130018921 concluded the Board determined the evidence presented was sufficient to warrant a recommendation for relief and recommended that all Department of the Army records of the FSM be corrected by showing he submitted his DD Form 1883 in a timely manner.  However, the determination/recommendation erroneously stated the applicant should be paid the SBP annuity retroactive to 1 March 2013, the date after the FSM died.

8.  In view of the DFAS guidance, it is clear the intent of the Board is to grant relief but to satisfy DFAS’s requirement the recommendation in ABCMR Docket Number AR20130018921, dated 9 July 2014, should be amended as shown below.

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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20130018821, dated 9 July 2014, to amend the BOARD DETERMINATION/RECOMMENDATION to read:

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 FSM be corrected by showing he submitted his DD Form 1883 in a timely manner, it was received and processed by the appropriate office in a timely manner, and paying the applicant the SBP annuity, provided she otherwise meets the eligibility criteria, retroactive to 17 April 2013, the date her late husband would have turned age 60. 



      _______ _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)                                         AR20150002069



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Supplemental Record of Proceedings (cont)                 AR20150002069



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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