| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | 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) 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. He completed his 20 years. She knows nothing about the Survivor Benefit Plan Election Certificate, DD Form 1883. He had moved several times and if he filled out this form she cannot locate it. He died without leaving life insurance; the only income she has is his social security pension. He always felt they would be compensated for his 20 years in service.
EVIDENCE OF RECORD: The FSM's military records show:
He was born on 29 February 1944. After having had prior service in several different components, he entered the Army National Guard for the last time in 1982. He was promoted to lieutenant colonel with a date of rank of 18 May 1990. His Servicemen’s Group Life Insurance Election and Certificate, SGLV 8286, dated 10 January 1993 shows that he was married to T___ at that time. His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 24 August 1994. It states that a Survivor Benefit Plan Summary was attached as an enclosure. It appears he did not complete and/or return the DD Form 1883.
The FSM and the applicant married on 31 August 1996. The FSM died on 11 June 2001.
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.
Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married or has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child may elect to participate in the SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.
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. The evidence of record shows the FSM failed to elect RCSBP at the time he received his 20-year letter. The Board cannot determine if he was still married to T___ at the time he received his 20-year letter. If he was, his failure to provide for spouse coverage at that time precluded him from opting for coverage until he reached age 60.
2. If the FSM was not married at the time he received his 20-year letter, he had one year from the date of marriage to the applicant to enroll in the RCSBP for spouse coverage. There is no evidence to show that he did so. The FSM was a senior commissioned officer who should have been aware of what avenues (such as an installation retirement services officer) were available in case he wanted information on RCSBP coverage for his new spouse.
3. The FSM was a senior commissioned officer. If he desired to enroll in the RCSBP and provide RSCBP coverage to his spouse (whether his first spouse or the applicant), it was his responsibility to seek out the information he needed to provide that coverage. Like a civilian insurance plan, he would have had to complete a form (a DD Form 1883) designating a beneficiary at what level of coverage (maximum or reduced) and at what time (immediate coverage or delayed coverage). There is no evidence to show that he did so. The Board finds it difficult to conceive that a senior commissioned officer could have believed he provided such coverage when he had not completed any such document.
4. 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
__inw___ __hof___ __dph___ DENY APPLICATION
| CASE ID | AR2001062393 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003090355C070212
It appears he was not married at that time and, by failing to return the DD Form 1883, did not make an RCSBP election. The FSM and the applicant married in 1998. In the absence of substantiating evidence (i.e., the DD Form 1883) it does not appear that failure to grant the applicant’s requested relief would be inequitable.
ARMY | BCMR | CY2007 | 20070011157
The applicant requests, in effect, that her husband's records, a former service member (FSM) be corrected to show that he elected to change his Survivor Benefit Plan (SBP) coverage from "Natural person with insurable interest-mother" to "Spouse only" coverage upon marriage. The applicant provided the following documentary evidence in support of her application: a. DD Form 1883, dated 19 July 1994; b. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); c....
ARMY | BCMR | CY2001 | 2001060887C070421
APPLICANT REQUESTS: 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. EVIDENCE OF RECORD : The FSM's military records from the Army National Guard are not available. 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 | 2001062248C070421
B___ then applied to this Board for the RCSBP annuity in 1995. Since he was married on the date he was eligible to participate in the RCSBP, by law he could not have made a person with insurable interest election. However, since it was clearly the FSM’s intent to provide for his former spouse, the applicant, and not B___, and since spousal concurrence with a failure to elect spouse coverage was not required at the time, there was no legal error or injustice in not granting B___ the RCSBP annuity.
ARMY | BCMR | CY2002 | 2002083250C070215
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 member’s 60 th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. The evidence of record confirms that the deceased FSM elected RCSBP coverage for his mother as an insurable interest in connection with...
ARMY | BCMR | CY2013 | 20130008509
Three options were available: * elect to decline enrollment and choose at age 60 whether to start SBP participation * 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; or * elect that a beneficiary receive an annuity immediately upon their death if before age 60 Once a member elects either option B or C in any category of coverage, that election is irrevocable. The evidence of record shows the FSM...
ARMY | BCMR | CY2004 | 20040010133C070208
Counsel states, in effect, the statement provided by the FSM's niece clearly shows the FSM's intent for the applicant to receive RCSBP benefits, as well as the fact that he completed a DD Form 1883 identifying the applicant as beneficiary of his RCSBP annuity; and that these documents were included with other important paperwork. Counsel further indicates that based on the sworn statements provided with the application, it is clear the FSM completed and returned a DD Form 1883 and elected...
ARMY | BCMR | CY2004 | 2004101899C070208
Since he had elected children only coverage, he had to elect either option B or option C. If he were married, he and his spouse had to sign the reverse of the DD Form 1883. The available evidence of record shows that the FSM was not married to the applicant in May 1989; therefore, he could not have elected spouse coverage at that time. The available evidence of record shows that the FSM and the applicant married in October 1989; therefore, by the time the March 1992 letter was sent out...
ARMY | BCMR | CY2012 | 20120003512
BOARD DATE: 21 August 2012 DOCKET NUMBER: AR20120003512 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Component 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. Three options were available: * elect to decline enrollment and choose at age 60 whether to start SBP...
ARMY | BCMR | CY2006 | 20060006196C070205
The applicant states, in effect, when her husband was notified in 1991 of his eligibility for retired pay at age 60, he was single and listed his sister as the person to receive his RCSBP annuity. Title 10, U.S. Code, section 1448 (Application of Plan), provides, in pertinent part, that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP, but who later marries or acquires a dependent child may elect to participate in the Plan. However,...