| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gail J. Wire | Member |
2. The applicant requests that his records be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of receiving his notification of eligibility for retired pay at age 60 (his 20-year letter).
3. The applicant states that he never received his 20-year letter, the 90-day letters concerning his ineligibility to participate in the RCSBP, or the RCSBP packet. He would like to apply for the RCSBP to protect his spouse and children in case he dies before age 60. When he contacted the U. S. Army Reserve Personnel Command (AR-PERSCOM) concerning his 20-year letter, he was informed that AR-PERSCOM had sent his 20-year letter on two separate occasions. He wants to stress that he never received it those two times.
4. The applicant’s military records show that he was born on 15 December 1954. He served on active duty from January 1978 – July 1989 when he was transferred to the U. S. Army Reserve. His 20-year letter is dated 28 January 1998.
5. By letter dated 27 August 1999, AR-PERSCOM informed the applicant that since he did not respond to the RCSBP materials he received on 29 April 1998 within 90 days, he was excluded from participating in the SBP until attaining age 60 and applying for retired pay. By letter dated the same date, AR-PERSCOM informed the applicant’s spouse that he did not enroll in the RCSBP.
6. Records at AR-PERSCOM indicate the applicant may have made his first inquiry about his 20-year letter on 6 December 1999. It appears AR-PERSCOM sent him his 20-year letter for the third time on 17 April 2001.
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. 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.
8. In the processing of this case, an advisory opinion was obtained from the Transition and Separations Branch, AR-PERSCOM. That office opined that the applicant must wait for an Open Season or enrollment at age 60 as part of his application for retired pay. His failure to receive the letter and associated RCSBP enrollment documents was not a result of the Army’s failure to provide him the documents.
9. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame.
CONCLUSIONS:
1. The Board acknowledges that the Army did not fail to provide the applicant with his 20-year letter and RCSBP packet in 1998. However, the law states that the 90-day period begins the date the member receives the 20-year letter.
2. It appears the applicant first inquired into the whereabouts of his 20-year letter within a fairly reasonable period of time after he would have expected to receive it. For whatever reason he did not receive the 20-year letter the first two times it was sent to him, it appears he finally received it on or about 17 April 2001. It would be equitable to show he enrolled in the RSCBP on 1 May 2001, within 90 days of receiving his 20-year letter, for spouse and children coverage, full base amount, option C.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing the applicant received his 20-year letter on 17 April 2001 and that he enrolled in the RSCBP on 1 May 2001, within 90 days of receiving it, for spouse and children coverage, full base amount, option C.
BOARD VOTE:
__inw___ __rjw___ __gjw___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Irene N. Wheelwright
______________________
CHAIRPERSON
| CASE ID | AR2001062251 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020312 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001061146C070421
The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay upon reaching age 60 and at that time elected to participate in the Survivor Benefit Plan (SBP) with the option of “spouse” coverage. On 4 September 1990, he was notified that he had completed the required years of service to be eligible for retired pay upon application at age 60. That all of the Department of the Army records...
ARMY | BCMR | CY2001 | 2001062393C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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) for spouse coverage, option C. She states that it was the FSM’s understanding that when he reached age 60 she would receive his benefits. The evidence of record shows the FSM failed...
ARMY | BCMR | CY2001 | 2001064315C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The FSM’s notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 30 October 1984. 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:
ARMY | BCMR | CY2001 | 2001066198C070421
The Retirement Services Noncommissioned Officer for the Tennessee Army National Guard states that she believes the FSM was not properly counseled as to how inexpensive coverage for his daughter would have been and on how to change his Survivor Benefit Plan Election Certificate, DD Form 1883, upon a change of dependency (such as divorce). Although as of 19 March 2002 records at DFAS still indicate that the FSM’s former spouse was his SBP beneficiary, they did not have any divorce documents...
ARMY | BCMR | CY2001 | 2001055602C070420
The FSM’s notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 25 March 1999. 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: The FSM received his 20-year letter.
ARMY | BCMR | CY2002 | 2002073900C070403
The applicant states through counsel, in effect, that the FSM did complete and forward his DD Form 1883 early in 1987 but it was lost either by the U. S. Army Reserve Personnel Center (now the U. S. Army Reserve Personnel Command (AR-PERSCOM)) or the U. S. Postal Service. If the member was married but elected not to participate at the maximum level or elected to provide an annuity for a dependent child but not for his spouse, that member’s spouse would be notified of that election. That...
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 | CY2001 | 2001056826C070420
The applicant states that he qualified for his notification of eligibility for retired pay at age 60 (his 20 year letter) in the spring of 2000 but did not receive it until April 2001. The applicant’s 20-year letter is dated 6 April 2000. The Board finds it reasonable to believe that the applicant did not receive his 20-year letter until his unit administrator tracked it down in April 2001, one year after AR-PERSCOM mailed it.
ARMY | BCMR | CY2013 | 20130011539
f. An e-mail, dated 3 June 2013, from a Service Retirement Specialist, WIARNG, to the Chief, Retired Pay Branch, HRC, shows the Service Retirement Specialist confirmed the FSM did not receive his 20-year letter until 7 January 2001 and had made his RCSBP election within 90 days of receipt of the letter. In light of the available evidence, it would be appropriate to correct the FSM's record to show his RCSBP election was made and processed in a timely fashion after the issue date of this...
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...