| 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 |
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).
APPLICANT STATES: The FSM elected option A in June 1984. He applied for retired pay at age 58 and submitted it on 19 October 2000, electing to participate in the SBP. He passed away on 13 March 2001. He put in 24 years in the military and she feels she is entitled to the annuity that he selected upon retirement.
EVIDENCE OF RECORD: The FSM's military records show:
He was born on 8 April 1942. He enlisted in the Army National Guard on 25 October 1963. He and the applicant married on 2 January 1978. His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 6 March 1984.
On 15 June 1984, the FSM completed a Survivor Benefit Plan Election Certificate, DD Form 1883, declining to enroll in the RCSBP by electing option A, deferring his election until age 60. The applicant also signed the DD Form 1883.
On 8 October 1987, the FSM was transferred to the Retired Reserve.
On 25 September 2000, the FSM applied for retired pay. At that time, he completed a Data for Payment of Retired Personnel, DD Form 2656, and elected to enroll in the standard SBP for spouse coverage.
On 13 March 2001, the FSM died of cancer of the esophagus prior to reaching age 60.
Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
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 RCSBP option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.
Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 – 30 September 1992. Public Law 101-510, enacted 5 November 1990, delayed the start of the Open Season to 1 April 1992 – 31 March 1993.
Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence of Government error or injustice in this case.
2. The evidence of record shows that the FSM, with the applicant’s knowledge, elected in 1984 not to enroll in the RCSBP and instead gamble that he would live to age 60 to enroll in the standard SBP with concomitant savings in RCSBP/SBP costs. Prior to reaching age 60, the FSM had two opportunities, during the 1991-1992 Open Season or the 1999 – 2000 Open Season, to enroll in the RCSBP. He failed to do so. Unfortunately, he then died prior to reaching age 60.
3. Regrettably, 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
__jns___ __mvt___ __wdp___ DENY APPLICATION
| CASE ID | AR2001056993 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010724 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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