| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to spouse and children coverage.
APPLICANT STATES: That in the summer of 1993, she and the FSM went down to the command office to change forms, sign papers, and to get her an identification card. The officer had all of their papers ready to sign and answered all of their questions. He put all of the signed papers in a folder and said all was done. The FSM followed every detail to bring her on board.
EVIDENCE OF RECORD: The FSM's military records show:
He was born on 6 November 1946. He served on active duty from September 1966 – August 1968 and was transferred to the U. S. Army Reserve. He enlisted in the Army National Guard on 2 October 1973. His notification of eligibility for retired pay at age 60 (his 20-year letter) was prepared on 3 November 1992. It appears he was a widower at that time. He completed a Survivor Benefit Plan Election Certificate, DD Form 1883, on 6 December 1992 and elected to participate in the RCSBP for children only coverage, full base amount, option C.
The FSM and the applicant married on 2 April 1993. On 5 February 1995, he completed a Servicemen’s Group Life Insurance Election and Certificate, SGLV-8286 and designated his two children as principal beneficiaries for his insurance. He was transferred to the Retired Reserve on 1 October 1995. He died on 7 September 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.
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. There is no evidence to show the FSM requested a change in his RCSBP election within one year of his marriage to the applicant. He had completed a DD Form 1883 less than one year earlier and should have known, if he desired to provide the RCSBP for the applicant, what to specifically request when they went to obtain her identification card. There is no evidence to show that it was his intent to provide RCSBP coverage for her.
2. Without substantial evidence to show that it was the FSM’s intent to provide the RCSBP for the applicant, it does not appear that it would be inequitable to deny the relief requested. 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 only two years of his military career.
3. 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
__FNE__ __RWA__ __HBO___ DENY APPLICATION
| CASE ID | AR2001063617 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/06/11 |
| 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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