| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Ted S. Kanamine | Chairperson | ||
| Mr. John T.Meixell | Member | ||
| Mr. Harry B. Oberg | Member |
2. The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he received a 15-year letter and to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).
3. The applicant states that the FSM was medically unfit and should have received a notice of eligibility to receive retired pay at age 60 (a 15-year letter).
4. The FSM’s military records show that he was born on 23 March 1944. He and the applicant married in June 1967. He enlisted in the U. S. Army Reserve (USAR) on 29 April 1977.
5. By letter dated 28 March 1996, the FSM’s unit was informed that he did not meet the standards of medical fitness for retention in the USAR. The FSM was offered the options of discharge from the USAR; transfer to the Retired Reserve if eligible (if he had over 15 years of service, he could be eligible for retirement benefits at age 60); or a waiver for retention. He elected transfer to the Retired Reserve and effective 15 July 1996 he was transferred to the Retired Reserve. He had 15 years of qualifying years of service at that time.
6. The FSM died on 14 July 2001.
7. Title 10. U.S. Code, section 12731a was the temporary special retirement qualification authority. A revision dated 5 October 1994 provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who had completed at least 15, and less than 20, years of qualifying service and who no longer met the qualifications for membership in the Selected Reserve solely because the member was unfit because of physical disability, and upon the request of the member, could be transferred to the Retired Reserve. He or she would be treated as having met the service requirements and be provided with the notification required if he or she had completed at least 15 and less than 20 years of service.
8. 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.
9. In the processing of this case, an advisory opinion was obtained form the U. S. Army Reserve Personnel Command, Transition and Separations Branch. That office stated that the Command will publish a 15-year letter when such is requested in writing by a member’s major subordinate command and accompanied by the proper documentation. The FSM’s major subordinate command did determine that he was medically unfit for service but failed to request he be issued a 15-year letter. He met the criteria and was eligible for such a letter. Had the major subordinate command stated in their order that he was to receive a 15-year letter, one would have been provided.
10. A copy of the advisory opinion was provided to the applicant for comment. She did not respond within the given time frame.
CONCLUSIONS:
1. The FSM met the eligibility criteria to receive a 15-year letter and thus become eligible to receive retired pay at age 60. It appears that through an oversight his unit did not request he be issued a 15-year letter.
2. If the FSM had received his 15-year letter at the time, he would have had an opportunity to enroll in the RCSBP. Since he was medically unfit for retention at that time, it would have been reasonable to expect him to have enrolled in the RCSBP at that time for option C, full base amount, spouse coverage.
3. In view of the foregoing, the FSM’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 showing that the FSM was issued a 15-year letter when he transferred to the Retired Reserve on 15 July 1996 in accordance with the Temporary Special Retirement Qualification Authority and that he enrolled in the RCSBP for option C, full base amount, spouse coverage on 1 August 1996.
2. That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP costs due.
3. That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to 14 July 2001, the date of his death.
BOARD VOTE:
__TSK__ __JTM__ __HBO___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Ted S. Kanamine___
CHAIRPERSON
| CASE ID | AR2001064285 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/07/11 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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 | CY2014 | 20140004712
The applicant provides copies of: * DD Form 214 (Report of Separation from Active Duty) for the period 17 July 1974 to 14 July 1978 * Marriage License for the FSM and applicant, dated 8 July 1989 * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 16 September 1996 * Memorandum, U.S. Army Reserve (USAR) Personnel Command, subject: Expiration Term of Service (ETS), dated 16 May 1998 * U.S. Army Human Resources Command (HRC) Form 249 (Chronological Statement of...
ARMY | BCMR | CY2014 | 20140001957
The applicant requests that her marriage to a deceased former service member (FSM) be recognized as being in excess of the 1 year of marriage required to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. Public Law 94-496, enacted 14 October 1976, reduced this waiting period to 1 year following post-retirement marriage. The evidence shows that on 15 September 1998, the FSM submitted a DD Form 1883 and indicated at that time he was married to a spouse other than the applicant.
ARMY | BCMR | CY2006 | 20060008972
There is no evidence the FSM enrolled in RCSBP at this time. The evidence of record does not show the FSM elected to participate in the RCSBP at the time he received his 20-Year Letter. If the FSM was not married at the time he received his 20-Year Letter and he married the applicant on 13 June 1996, he was eligible to enroll in the RCSBP within one year of the marriage date.
ARMY | BCMR | CY2010 | 20100013146
She states he intentionally served over 20 years in the Georgia Army National Guard (GAARNG) to specifically earn a retirement at age 60 and an annuity for her in the event of his early death. The applicant provides copies of: * their Marriage License * the FSM's 20-year letter * the FSM's DD Form 1883 with Reserve Component Survivor Benefit Plan Concurrence Statement * the FSM's Certificate of Death/State of Georgia * the FSM's Army National Guard Current Annual Statement dated 18 March...
ARMY | BCMR | CY1997 | 9710119
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) within 90 days of his retirement. APPLICANT STATES : She was denied SBP benefits because the FSM’s election was not made within 90 days of his receiving his notification of eligibility to receive...
ARMY | BCMR | CY1997 | 9710119C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) within 90 days of his retirement. A member must make the election within 90 days of receiving the notification of eligibility to receive...
ARMY | BCMR | CY2008 | 20080012773
The applicant provides a letter from the Alabama Retired Activities Branch, Alabama Army National Guard, dated 20 June 2008; the FSM's National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), dated 20 June 2008; the FSM's NGB Form 22 (Report of Separation and Record of Service); the FSM's DD Form 214 (Report of Separation from Active Duty) for the period ending 13 August 1975; the FSM's death certificate; and a copy of her and the FSM's marriage...
ARMY | BCMR | CY2012 | 20120023025
She was not married to the FSM at the time when the DD Form 1883 was to be submitted; therefore, she had no control over the paperwork. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary...
ARMY | BCMR | CY2014 | 20140002164
Application for correction of military records (with supporting documents provided, if any). She provides: * Self-authored statement * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (20-year letter), dated 25 October 2000 * DD Form 2656-7 (Verification for Survivor Annuity), dated 13 May 2013 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Honorable Discharge Certificate * DD Form 1883 (SBP Election Certificate), dated 25...