| Mr. Carl W. S. Chun | Director | |
| Mr. Richard P. Nelson | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Mr. Paul M. Smith | Member |
2. The 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).
3. The applicant states that the FSM signed the necessary form but that she is currently not receiving any benefits.
4. The FSM was born on 10 February 1944. His military records show that he enlisted in the Puerto Rico Army National Guard on 30 June 1963.
5. The National Guard Bureau sent the FSM his Notification of Eligibility for Retired Pay at Age 60 (his 20-Year letter) on 27 June 1986.
6. The FSM signed the DD Form 1883 (Survivor Benefit Plan Election Certificate) on 21 August 1986. He elected to enroll in the RCSBP for spouse and children coverage, full base amount, option C. This DD Form 1883 was filed in his military personnel records.
7. The FSM died on 18 March 2002 at age 58 of heart failure.
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. If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity. 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. The Retirements and Annuities Section, U. S. Army Reserve Personnel Command (AR-PERSCOM) informed the Board Analyst that the applicant applied for the RCSBP annuity but she was denied because they had no record that the FSM ever enrolled in RCSBP.
CONCLUSIONS:
1. The Board considered the applicant’s request that the records of her deceased spouse be corrected to show he enrolled in the (RCSBP).
2. The evidence of record shows that the FSM’s 20-Year letter was dated 27 June 1986. A DD Form 1883, on file in his military personnel records, shows that he elected to enroll in the RCSBP for full base amount option C and that he elected spouse and children coverage. It appears this DD Form 1883 was never forwarded to AR-PERSCOM.
4. In view of the foregoing, the FSM’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 that the applicant applied for the RCSBP annuity on 18 April 2002 and that her application was accepted by the appropriate office and processed in a timely manner, thereby entitling her to receipt of the RCSBP annuity.
BOARD VOTE:
___JL___ ___JLP__ ___PMS_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
| CASE ID | AR2002082983 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | 130 |
| ISSUES 1. | 137.0100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060012822
The FSM divorced M___ E___ in 1982. MEMBER NEVER CANCELED HIS SBP ELECTION AFTER HIS DIVORCE. The evidence of record shows he was not married to the applicant at the time of his death.
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 | CY2002 | 2002067152C070402
APPLICANT REQUESTS: In effect, that the records of his deceased spouse, a former service member (FSM), be corrected to show she enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for option C. 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. DISCUSSION : Considering all the evidence, allegations, and information...
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 | CY2004 | 20040000391C070208
Since it thus appears the applicant did not give her consent to the FSM's child only coverage RCSBP election, by law the FSM's RCSBP election defaulted to spouse coverage. The FSM did not indicate on the DD Form 1883 which option he desired. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the FSM elected to participate in the RCSBP for child only coverage, full base amount, option C but that the...
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 | 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 | 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 | CY2005 | 20050013725C070206
Edward E. Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. ...
ARMY | BCMR | CY2002 | 2002082594C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: