| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Curtis L. Greenway | Chairperson | |
| Mr. Ernest W. Lutz | Member | |
| Mr. Larry C. Bergquist | Member |
APPLICANT REQUESTS: That his DD Form 1883 (Survivor Benefit Plan Election Certificate) be changed to show option C. He also requests that his daughter be removed from item 15a (Last name, first, M.I.) as an unmarried dependent child under age 22.
APPLICANT STATES: That at the time he filled out this form he was separated from his wife, that he is now divorced, and that he was unclear on what type of option to choose. He also contends that his daughter is over the age of 22 now and her name should be removed from item 15a.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was born on 5 April 1951. After having had prior enlisted service in the New York Army National Guard, he was commissioned as a Reserve officer, in the Army National Guard, on 2 October 1983.
The applicant's notification of eligibility for retired pay at age 60 (his 20-year letter) was prepared on 17 December 1990. On 9 January 1991, he completed a DD Form 1883 electing children only coverage, option B, full base amount and indicating that he had two dependent children (a daughter and son). Item 9c of the DD Form 1883 explains each option. The applicant and his spouse signed immediately below the explanation.
Public Law 95-397, the Reserve Component Survivor Benefit Plan, 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.
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. The Board considered the applicant's contention that he was unclear on what type of option to choose. However, the applicant completed a DD Form 1883 and made a decision to provide an annuity beginning on the 60th anniversary of his birth should he die before that date, or on the day after his death should he die on or after his 60th birthday by electing option B. The reverse of the DD Form 1883 clearly explained the three options and the consequences of not electing options A or C. The applicant signed the DD Form 1883.
3. The Board also considered the applicant's contention that his daughter is over the age of 22 now and her name should be removed from item 15a. However, at the time the applicant executed this form on 9 January 1991 his daughter was under the age of 22. The Defense Finance and Accounting Service takes into account the passage of time when determining dependent Survivor Benefit Plan eligibility and costs.
4. 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
CLG____ EWL___ LCB______ DENY APPLICATION
| CASE ID | AR2003087060 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031030 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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