| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Ms. Regan K. Smith | Member |
2. The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show that he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP). The applicant states that the FSM did not receive his 20-year letter (notification of eligibility for retired pay at age 60) before he died and as such was unable to enroll in the RCSBP.
3. The FSM’s military records show that he was born on 18 April 1949. He enlisted in the Regular Army on 17 April 1969. He transferred to the U. S. Army Reserve in April 1971, and was ordered to active duty on 1 August 1983 for an indefinite period. He was an AGR (Active Guard Reserve) soldier attached to the 318th CS Maintenance Company, State College, Pennsylvania at the time of his death on 6 November 1995. He and the applicant married on 3 April 1976. The FSM’s notification of eligibility for retired pay at age 60 is dated 5 August 1998.
4. Information received from a representative of the Defense Finance and Accounting Service (DFAS) shows that the FSM completed 20 qualifying years for retirement as of May 1995. However, there is no evidence of record to show he was issued a 20-year letter until 5 August 1998.
5. Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.
It explains that retired pay is pay granted soldiers and former Reserve components soldiers who have completed 20 or more years of qualifying service and have attained age 60.
6. 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 provided 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 not occur before age 60, the RCSBP costs for options B and C are deducted from the member’s retired pay. Option B and C participants do not make a new SBP election at age 60; it automatically rolls over into SBP coverage. 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.
CONCLUSIONS:
1. The evidence of record shows that the FSM should have received his 20-year letter in May 1995, but it was not issued until August 1998, more than 3 years later and nearly 3 years after his death.
2. The Board concludes that a Government error and injustice occurred in this case. Had the applicant received his 20-year letter in a timely manner it is likely that he would have received it by 1 June 1995, and would have made his election within 30 days.
3. The Board concludes that it would be reasonable to assume that the FSM would have elected to enroll in the RCSBP, and that he would have elected option C, full base amount at the earliest possible date .
4. In view of the foregoing, the applicant’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:
a. showing that the FSM concerned was issued his notification of eligibility for retired pay at age 60 on 1 June 1995; and
b. showing that the FSM concerned enrolled in the RCSBP for spouse and children coverage, option C, full base amount on 1 July 1995.
2. That the applicant be paid an annuity based upon the FSM’s RCSBP selection retroactive to 6 November 1995, the date of his death.
3. That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP cost due.
BOARD VOTE:
__RVO__ __EJA_ _ __RKS__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Raymond V. O’Connor__
CHAIRPERSON
| CASE ID | AR2001058399 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020131 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9711336
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. 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. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2001 | 2001062788C070421
On 10 March 1987, the FSM was counseled concerning the RCSBP and on that date completed a Survivor Benefit Plan Election Certificate, DD Form 1883. Records at the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) indicate that the DD Form 1883 was not on file and presumably was not forwarded to DFAS by the U. S. Army Reserve Personnel Command when the FSM applied for retired pay. The DD Form 2656 provides an option not to participate; it does not provide an option to...
ARMY | BCMR | CY2008 | 20080013313
The RSO and applicant were advised at that time that the FSM received his 20-year letter, he had not responded to the notification of his RCSBP options, and therefore, he never enrolled. 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...
ARMY | BCMR | CY2010 | 20100012089
IN THE CASE OF: BOARD DATE: 30 November 2010 DOCKET NUMBER: AR20100012089 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His next available enrollment would have been at age 60; however, he did not live to be 60 years old and now there are no RCSBP/SBP or retirement benefits for her. In a letter, dated 19 March 2010, the applicant states soon after the FSM's death she discovered she would not be entitled to survivor benefits or retirement benefits because the FSM failed to enroll in the RCSBP.
ARMY | BCMR | CY2006 | 20060005830C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 DECEMBER 2006 DOCKET NUMBER: AR20060005830 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. Donald Steenfott | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record shows the FSM’s 20-Year Letter was dated 3 December 1993.
ARMY | BCMR | CY2001 | 2001060889C070421
By letter dated 21 October 1997, the U. S. Army Reserve Personnel Command (AR-PERSCOM) informed the applicant that, as the FSM did not make an RCSBP election within 90 days of the date of his 20-year letter, she would not receive an annuity if he died prior to age 60. When the FSM was placed on the TDRL in 1984 after undergoing surgery for lung cancer, he enrolled in the SBP. Considering the FSM’s previous action with regard to enrolling in the SBP, the Board agrees with the applicant’s...
ARMY | BCMR | CY2013 | 20130013439
The applicant provides: * self-authored statements * letter from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 25 June 2013 * DD Form 1883 (Survivor Benefit Plan Election Certificate), dated 26 April 1995 * two death certificates * DD Form 2656-7 (Verification for Survivor Annuity) * birth certificate * DD Form 2790 (Custodianship Certificate to Support Claim on Behalf of Minor Children of Deceased Members of the Armed Forces), dated 10 June 2013 * DD Form 2788 (Child...
ARMY | BCMR | CY2001 | 2001066238C070421
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay. The evidence of record shows the FSM enrolled in the RCSBP during an Open Season but then failed to apply for retired pay in a timely manner, preventing the applicant from receiving the SBP annuity when he died. That all of the Department of the Army records related to this case be corrected by showing the FSM applied for retired pay on 1 September...
ARMY | BCMR | CY2008 | 20080005892
The applicant states that she and the FSM married on 29 December 2003 and that they made application for retired pay at age 60 on 8 November 2005. 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 members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before...
ARMY | BCMR | CY2006 | 20060003280C070205
The applicant, as the widow of a deceased former service member (FSM), requests, in effect, that the FSM’s military records be corrected to show she applied for the Reserve Component Survivor Benefit Plan (RCSBP) annuity in a timely manner. She also states that she was informed that she only had seven years from the FSM’s death to claim the SBP annuity. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.