| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. John T. Meixell | Member |
THE BOARD ADDITIONALLY FINDS:
11. On 11 December 2001, the Defense Finance and Accounting Service – Denver Center (DFAS-DE) informed the Board that the applicant had requested Congressional assistance in seeking full payment of her back Reserve Component Survivor Benefit Plan (RCSBP) annuity.
12. In the applicant’s previous two Board actions on 1 August 2000 (docket number AR1999034548) and 31 May 2001 (docket number AR2001057267), the Board acted on the presumption that the Barring Statute applied. Title 31, U. S. Code, section 3702 prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. This resulted in the Board granting the applicant only partial, not full, relief.
13. On 11 December 2001, DFAS-DE advised the Board that Title 10, U. S. Code, section 1552(g), was amended in 1998 to expand the definition of “military record” and now provides discretionary authority to change records to show a valid submission of a claim by a member or beneficiary within the period prior to expiration of the statute of limitations. Therefore, the applicant’s “military record” could be corrected to show she submitted her request for the RCSBP annuity within 6 years of the former service member’s death and therefore entitling her to the annuity retroactive to 22 October 1981, the date of his death.
14. In light of the amendment to Title 10, U. S. Code, section 1552(g), full relief can now be granted to the applicant.
THE BOARD ADDITIONALLY CONCLUDES:
9. At the time of the Board’s 1 August 2000 and 31 May 2001 decisions in this case, it was the intent of the Board to correct the applicant’s record to the maximum extent allowed by law and equity.
10. The Board erred in applying the Barring Statute in its 1 August 2000 and 31 May 2001 decisions. Accordingly, the applicant is entitled to a correction of record to show she submitted her request for the RCSBP annuity on 1 November 1981, within 6 years of the former service member’s death on 22 October 1981. This will entitle her to receive the annuity retroactive to the date of his death.
11. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:
1. That the recommendations made in the Board’s Proceedings dated 1 August 2000 and 31 May 2001 related to this case and the Deputy Assistant Secretary of the Army’s approvals of those recommendations dated 4 August 2000 and 11 June 2001 are corrected, revised, and modified as follows:
a. That all of the Department of the Army records related to this case be corrected by showing that the applicant applied for the RCSBP annuity on 1 November 1981.
b. That the applicant be paid the RCSBP annuity retroactive to 22 October 1981, the date of the former service member’s death in accordance with his RCSBP election of spouse coverage, option C.
2. These corrections supplement the previous Board decisions and Secretarial approval in this case.
BOARD VOTE:
__rvo___ __cla___ __jtm___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond V. O’Connor, Jr.
______________________
CHAIRPERSON
| CASE ID | AR2001066054 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020228 |
| 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 | CY2002 | 2002076772C070215
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse coverage. On 10 August 1992, he completed a Survivor Benefit Plan Election Certificate, DD Form 1883, and elected to participate in the RCSBP for spouse only coverage, full base amount, option C. He named the applicant as his spouse and indicated they were...
ARMY | BCMR | CY2001 | 2001060258C070421
Records at the U. S. Army Reserve Personnel Command (AR-PERSCOM) indicate the FSM was mailed a retirement application packet on 8 June 1999 but they have no record of it being returned either as undeliverable or completed for certification. The evidence of record shows that the FSM never applied for retired pay. Although records at AR-PERSCOM show that he was mailed his retired pay application two years prior to his reaching age 60, there was no requirement that he submit the application...
ARMY | BCMR | CY2002 | 2002070340C070402
DoD noted that there presently exists in current law substantial authority to counteract the effects of the statute of limitations in the context of military records corrections. b. showing that the applicant submitted a claim for the RCSBP annuity on 1 December 1994. That the applicant be paid an annuity based upon the above correction to the FSM’s records retroactive to 10 November 1994, the date of his death.
ARMY | BCMR | CY2001 | 2001064691C070421
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. The applicant states, through counsel, that the FSM and the applicant were granted a divorce on 16 November 1995. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the retiree had...
ARMY | BCMR | CY2001 | 2001064851C070421
The Board finds the applicant’s contention that the FSM completed the DD Form 1883 reasonable. That all of the Department of the Army records related to this case be corrected by showing that the FSM completed the DD Form 1883 on 1 November 2000, electing to participate in the RCSBP for spouse and children coverage, full base amount, option C, and returned the form to the appropriate office where it was received and processed in a timely manner. That the applicant be paid an RCSBP annuity...
ARMY | BCMR | CY2002 | 2002069754C070402
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. The applicant was married to the FSM for over 20 years of his military career. That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to the date of his death.
ARMY | BCMR | CY2004 | 20040009162C070208
The applicant requests, in effect, that the records be corrected to show her mother applied for the Reserve Component Survivor Benefit Plan (RCSBP) annuity on her behalf in a timely manner. The applicant also provides a 2 August 2004 letter from the Oklahoma National Guard, Joint Force Headquarters; a 2 August 2004 letter addressed to the U. S. Army Reserve Personnel Command; a DD Form 1883 (Survivor Benefit Plan Election Certificate); a DD Form 1884 (Application for Annuity under the...
ARMY | BCMR | CY2001 | 2001058399C070421
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. If death does not occur before age 60, the RCSBP costs for options B and C are deducted from the member’s retired pay.
ARMY | BCMR | CY2001 | 2001064791C070421
An Open Season from 1 October 1978 – 31 March 1980 was declared for those who qualified for retired pay prior to 30 September 1978. There is no spousal “entitlement” to the SBP until a member enrolls in the SBP. When the applicant married in June 1983, he had one year from the date of marriage to make a written request to enroll in the SBP.
AF | BCMR | CY2014 | BC 2014 00851
According to the DFAS letter, dated 4 Aug 14, the only challenge to her receipt of the earned survivor benefits within the RCSBP, is the timing of submission requesting these benefits The applicants complete submission is at Exhibit E. THE BOARD CONCLUDES THAT: 1. We note that DFAS states that they received confirmation that the former member elected RCSBP for his spouse on 26 November 2002 and at that time an annuity claim package should have been sent to the applicant. THE BOARD...