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Decision Text

ARMY | BCMR | CY1997 | 9711336
Original file (9711336.rtf) Auto-classification: Approved
2. The applicant requests that the records of her deceased spouse, a former service member (FSM) be changed to show that he made an election of the Reserve Component Survivor Benefit Plan (RCSBP) to be paid to her at the time he would have reached his 60th birthday.

3. The FSM’s military records show he was born on 14 November 1935. An Army Reserve Personnel Center letter, dated 6 May 1988, notified the FSM that he had completed the required years of service making him eligible for retirement at age 60. Although the applicant’s marriage certificate is not available, several documents on file show she was married to the FSM. The FSM died on 22 June 1989. He was never given the opportunity to elect to provide an RCSBP annuity for his spouse.

4. 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 (and participate in SBP), 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 60 th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity (costs for option C being the more expensive).

5. In the processing of this case, a staff advisory opinion was requested from the Headquarters Army Retirement Services Office. The Retirement Services Office recommended that the applicant’s request be approved, retroactive to 14 November 1995, the date the FSM would have reached age 60. It was recommended that the FSM’s records be changed to reflect that on 17 February 1987 (the date he reached 20 qualifying years) he made a RCSBP election of “spouse, option B, full base amount”. This option allows the applicant to become an eligible annuitant retroactive to 14 November 1995. It avoids any problems with U.S. Code 3702(b), the Barring Act, 6-year statute of limitations. While it does not provide as great a retroactive annuity payment, it provides for a lower cost being deducted from the annuity.
CONCLUSIONS :

1. A letter dated 9 May 1996 from the Defense Finance and Accounting Service - Denver states the FSM “was not given the opportunity to elect to provide a Reserve Component Survivor Benefit Plan (RCSBP) annuity for his spouse…” This establishes government administrative error.
2. On 16 November 1986, the FSM named the applicant his sole beneficiary of his SGLI policy, indicating his intent to provide for his spouse after his death. It follows that the FSM would have named his spouse as the beneficiary of a RCSBP had he had the opportunity to make an election.

3. In view of the foregoing, it would be just to correct the records as recommended below.

 RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing that the FSM received his letter of notification of 20 years qualifying service on 6 May 1988, the date of the actual letter of notification, and on 6 May 1988 he made a RCSBP election of “spouse, option B, full base amount”, and returned the election form (DD Form 1883) to ARPERCEN for processing, thereby allowing the applicant to become an eligible annuitant on the anniversary of the FSM’s 60 th birthday.

2. That option B costs be considered in calculating the annuity amount.

 BOARD VOTE :
GRANT AS STATED IN RECOMMENDATION

 GRANT FORMAL HEARING

 DENY APPLICATION




                          
                          CHAIRPERSON

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