| Mr. Loren G. Harrell | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Mr. Thomas B. Redfern, III | Member |
APPLICANT REQUESTS: In effect, the right to change his Reserve Component Survivor Benefit Plan (RCSBP) election from “decline” to “spouse and children.”
APPLICANT STATES: When he received his 20-year letter by mail, he was not counseled regarding the SBP nor did he seek counsel. He did not understand that he had to select an option within 90 days of receiving the letter.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 17 September 1955. He enlisted in the Army National Guard on 25 November 1973.
On 31 January 1994, he was sent his Notification of Eligibility for Retired Pay at Age 60 letter (20-year letter) and retirement packet. Paragraph 2 of that letter states “contact the Survivor Benefit Plan counselor … for assistance in completing DD Form 1883…” That paragraph also states, in underlined sentences, "should you...fail to return DD Form 1883...within 90 days of receipt and die before reaching age 60, your survivors will not receive benefits…”
The applicant was promoted to First Sergeant, E-8 on 15 July 1994.
On 30 November 1995, the applicant was transferred to the Retired Reserve.
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. A member must make 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 the processing of this case, an advisory opinion was obtained from the Army Retirement Services. The opinion recommended disapproval of the applicant’s request. It noted that he was provided proper notification that clearly stated he had 90 days from the date of receipt to complete and return the necessary forms to enroll in the RCSBP. It outlined the consequences of not completing the form in that time period. Further, it instructed him to contact the SBP counselor at his unit for assistance, if needed. He will next be afforded an opportunity to enroll his spouse/children at age 60 in conjunction with applying for retired pay.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The evidence of record shows that the applicant received his 20-year letter/retirement packet. The letter clearly stated he had 90 days to complete and return the necessary forms to enroll in the RCSBP and what the consequences of not doing so within that time period would be. It clearly instructed him to contact his unit SBP counselor for assistance. As a senior non-commissioned officer, it was his responsibility to ask for assistance if he did not understand any of these instructions.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
JH______ FNE_____ TBR_____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC97-08920 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 19981209 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9708920C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...
ARMY | BCMR | CY1997 | 9710119
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) within 90 days of his retirement. APPLICANT STATES : She was denied SBP benefits because the FSM’s election was not made within 90 days of his receiving his notification of eligibility to receive...
ARMY | BCMR | CY1997 | 9710119C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) within 90 days of his retirement. A member must make the election within 90 days of receiving the notification of eligibility to receive...
ARMY | BCMR | CY2013 | 20130009928
The denial letter states: * by law, the FSM had 90 calendar days from the date he received his 20-year letter to submit a DD Form 1883 * according to HRC records, the FSM made an election, but the election made was past the 90-day time frame * the applicant is not entitled to a survivor benefits annuity 7. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who qualified for Reserve retirement but were not yet age 60 to provide an annuity for their survivors...
ARMY | BCMR | CY2009 | 20090008240
There is no evidence of record or independent evidence which indicates the FSM ever completed a DD Form 1883 or a DD Form 2656 (SBP Election Change Certificate) electing to enroll in the RCSBP and/or that he elected "spouse only" coverage. Under the law in effect at the time, a member was required to make the RCSBP election within 90 days of receiving the 20-year letter or wait until he or she applied for retired pay at age 60 and elect to participate in the standard SBP. If he failed to...
ARMY | BCMR | CY2013 | 20130001432
She states the FSM did not receive the RCSBP election forms with his 20-year letter. She provides the following: * Orders 134-13, dated 14 May 1999 * Self-authored statement * Letter, U.S. Army Human Resources Command (HRC), dated 19 July 2012 * DD Form 2656-7 (Verification for Survivor Annuity), dated 7 December 2011 * DD Form 1883 (SBP Election Certificate), dated 20 December 1997 * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (20-year letter), dated 22...
ARMY | BCMR | CY2007 | 20070011148C080407
The applicant further states that the FSM's original Notification of Eligibility for Retired Pay at Age 60 Letter (20-Year Letter) and Survivor Benefit Plan Election Certificate (DD Form 1883) were not found in his records; however, she found copies of his 20 January 1999 20-Year Letter and an Army Reserve Personnel Command (ARPERSCOM) Letter, dated 22 March 2000, which notified her that the FSM had failed to submit a DD Form 1883 within the prescribed timeframe and that she was therefore...
ARMY | BCMR | CY2013 | 20130005953
The applicant, the spouse of a deceased former service member (FSM), requests payment of the Survivor Benefit Plan (SBP) annuity based on the FSM's death. This letter further informed him: By law, you have only 90 calendar days from the date you receive this letter to submit your SBP Election Certificate (DD Form 1883). The FSM's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his 20-year letter.
ARMY | BCMR | CY2011 | 20110014920
There is no indication in the FSM's service records that she made an election within 90 days of receiving her 20-year letter to enroll in the RCSBP. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement and participation in SBP, but were not yet age 60, to provide an annuity for their survivors should they die before reaching age 60. The FSM's records do not indicate that she elected to participate in the RCSBP and the...
ARMY | BCMR | CY2010 | 20100030267
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's record to show he enrolled in the Survivor Benefit Plan (SBP) and elected her as the beneficiary. There is no evidence in the FSM's official military personnel file (OMPF), Defense Finance and Accounting Service record, or independent evidence which indicates the FSM ever completed a DD Form 1883 to enroll in the RCSBP. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a...