| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
2. The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).
3. The applicant states that the FSM was within 15 days of retirement at age 60 when he died. On his Application for Retired Pay, DD Form 2656, he had designated her to receive the SBP. She notified the Army promptly when he died but it was not until a year later that the Army informed her that the FSM had completed a Survivor Benefit Plan Election Certificate, DD Form 1883, in 1979 without a designation for survivors’ benefits. She does not know why the FSM might have completed the DD Form 1883 the way he did except that it might have been an error or oversight on his part. Otherwise, he had always gone to great lengths during their marriage to provide for his family.
4. The FSM’s military records show that he was born on 15 January 1940. He entered active duty in an enlisted status in 1959. He and the applicant married on 23 June 1962. He was appointed a commissioned officer in the U. S. Army Reserve in 1966. His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 13 June 1979. He apparently received and completed a DD Form 1883 declining to enroll in the RCSBP.
5. Effective 1 October 1979, the FSM was released from his Troop Program Unit and assigned to the Individual Ready Reserve.
6. On an unknown date the FSM applied for retired pay. His DD Form 2656 is not available but apparently he elected to enroll in the standard SBP at that time. He died on 30 December 1999. He would have turned age 60 on 15 January 2000.
7. 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. If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity.
CONCLUSIONS:
1. There is no evidence of Government error in this case. It appears the FSM did receive the DD Form 1883 in 1979 and declined to enroll in the RCSBP. It appears he did elect to enroll in the standard SBP upon applying for retired pay at age 60; unfortunately, he died two weeks short of reaching age 60.
2. However, the Board concludes that as a matter of equity the applicant should be granted the SBP annuity. It was Congress’s intent in establishing the SBP to provide for those spouses who supported the military member for the majority of his or her military career. The applicant was married to the FSM for the majority of his military career. The FSM received his 20-year letter and first opportunity to enroll in the RCSBP in June 1979, less than one year after the establishment of the RCSBP. At that time, reservists did not receive the detailed SBP counseling that is available today and the FSM may not have been aware of the importance of this program to his family. While the Board cannot change the date of the FSM’s death, the Board concludes that it would be appropriate to correct his records to show that he enrolled in the RCSBP on 1 July 1979 for spouse coverage, full base amount, option C.
3. In view of the foregoing, the FSM’s records should be corrected 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 completed a DD Form 1883 on 1 July 1979 and enrolled in the RCSBP for spouse coverage, full base amount, option C.
2. That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP costs due.
3. That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to the date of his death.
BOARD VOTE:
__jns___ __mvt___ __wdp___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
John N. Slone
______________________
CHAIRPERSON
| CASE ID | AR2001056150 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010724 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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 | CY2013 | 20130004957
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's records to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) with spouse coverage. She applied for the survivor annuity and was told that a DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate) was not on file in the FSM's military records. The applicant contends that the records of her deceased husband should be corrected to show he enrolled in the RCSBP...
ARMY | BCMR | CY2011 | 20110017403
The case corrected the military records of an FSM to show the applicant (the FSM's spouse) was entitled to an RCSBP annuity effective the date following the FSM's death. There was no evidence the FSM completed a DD Form 1883 or that the spouse was informed the FSM could participate in the RCSBP. The evidence of record shows the FSM received his Twenty-Year Letter with the accompanying SBP forms in June 2000. a.
ARMY | BCMR | CY2014 | 20140003941
20 November 2013, by letter, HRC responded to the applicant and stated by law, the FSM had 90 days from the date he received his 20-year letter to submit DD Form 1883. Public Law 95-397, enacted 30 September 1978, provided a way for RC members 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. The FSM's records do not indicate that he elected to participate...
ARMY | BCMR | CY2008 | 20080000967
On 9 December 1997, an ARPERCEN letter informed the applicant of the FSM's election to decline immediate participation in the RCSBP and of his election to defer his final SBP election until applying for retired pay at age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start RCSBP 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 members 60th birthday; (C)...
ARMY | BCMR | CY2013 | 20130013597
The applicant, the spouse of a deceased former service member (FSM), requests correction of the FSM's records to show he was enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) and she was the beneficiary. However, the letter states, "However, you remain eligible to elect into the standard Survivor Benefit Plan (SBP) upon reaching age 60 and applying for retired pay." The FSM's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his...
ARMY | BCMR | CY2009 | 20090013594
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. He married the applicant on 18 September 1980. 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...
ARMY | BCMR | CY2006 | 20060011689
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2007 DOCKET NUMBER: AR20060011689 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that the witness is her daughter.
ARMY | BCMR | CY2001 | 2001056993C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He applied for retired pay at age 58 and submitted it on 19 October 2000, electing to participate in the SBP. 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.
ARMY | BCMR | CY2006 | 20060016301
The applicant requests, in effect, that the records of her former spouse, a deceased former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to children only coverage. The applicant provides a DD Form 2656-7 (Verification for Survivor Annuity), dated 4 October 2006; the FSMs 20-Year letter; a death certificate; a DD Form 1883 (Survivor Benefit Plan Election Certificate), date 9 January 2000; a marriage license; a divorce...