| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas D. Howard | Member | |
| Mr. Thomas Lanyi | 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).
APPLICANT STATES: That she should be entitled to the RCSBP annuity due to the FSM's service and his rank of Master Sergeant.
COUNSEL CONTENDS: That the Board should give careful and compassionate consideration to the applicant.
EVIDENCE OF RECORD: The FSM's military records show:
He was born on 11 November 1947. After having had prior service, he enlisted in the U. S. Army Reserve on 18 January 1975.
The FSM and the applicant married on 14 September 1987.
The applicant's notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 25 August 1995. It informed the FSM that he had 90 calendar days from the date he received the letter to submit his SBP election certificate. Records at the U. S. Army Reserve Personnel Command (AR-PERSCOM) show that they mailed the 20-year letter to the FSM by certified mail on 1 March 1996 and that he did not return the DD Form 1883 (Survivor Benefit Plan Election Certificate) enrolling in the RCSBP.
The FSM died on 24 May 2002.
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.
At the time, 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.
In the processing of this case, an advisory opinion was obtained from Retirements and Annuities, AR-PERSCOM. That office noted that the FSM did not respond to the certified mailing of his 20-year letter and RCSBP enrollment form.
A copy of the advisory opinion was provided to the applicant for response or rebuttal. She did not respond within the given time frame.
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. In order to justify correction of a military record, the applicant must show to the satisfaction of the board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. Records at AR-PERSCOM show that the FSM did not return the DD Form 1883 enrolling in the RCSBP. The applicant did not provide evidence, such as the FSM's copy of the DD Form 1883, showing that it was the FSM's intention to enroll in the RCSBP. Unfortunately, he then died prior to reaching age 60, at which time he could have enrolled in the standard SBP.
3. 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
__jns___ __tdh___ __tl____ DENY APPLICATION
| CASE ID | AR2003084080 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030722 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 137.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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