| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichron | Chairperson | |
| Ms. Shirley Powell | Member | |
| Mr. Robert Duecaster | Member |
2. The applicant requests that she be determined to be eligible for receipt of a Reserve Component Survivor Benefit Plan (RCSBP) annuity.
3. The applicant states that the FSM served in the Indiana Army National Guard for 19 years, 11 months, and 23 days.
4. The FSM’s military records show that he was born on 6 January 1964. After having had prior service in the Regular Army and U. S. Army Reserve, he enlisted in the Army National Guard on 28 August 1992. He and the applicant married on 25 June 1999. As of retirement year ending date 6 October 2001, he had completed 19 years of qualifying service for retired pay.
5. The FSM's death certificate shows he was in a motorcycle accident at 6:00 p.m. on 29 September 2002 and suffered craniocerebral injuries. He was pronounced dead at 9:20 p.m. on 30 September 2002. As of that date, he had completed 19 years, 11 months, and 23 days of qualifying service for retired pay.
6. On 1 October 2002, the State of Indiana Military Department issued the FSM a notification of eligibility for retired pay at age 60 with 15 years of service (his 15-year letter) due to medical disqualification.
7. Military Department of Indiana Orders 274-059 dated 1 October 2002 transferred the FSM to the Retired Reserve.
8. Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, U. S. Code by adding section 12731b, (Special rule for members with physical disabilities not incurred in line of duty). Section 12731b(a) states that a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes of section 12731 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if the member has completed at least 15 and less than 20 years of service.
9. Section 12731(d) of Title 10, U. S. Code, states that the Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service.
10. 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.
11. Title 10, U. S. Code, section 1448(f)(1)(B) states that the Secretary concerned shall pay an annuity to the surviving spouse of a person who is eligible to provide a reserve component annuity and who dies during the 90-day period beginning on the date the person receives notification under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve component retired pay (if the person had not already made such an election).
CONCLUSIONS:
1. The Board notes that the FSM was a member of the Indiana Army National Guard in an active status when he was critically injured in a motorcycle accident on 29 September 2002. On that date, he had completed slightly less than 20 years of qualifying service for retired pay.
2. The evidence of record shows the State of Indiana determined that the FSM, based upon his injuries, was medically disqualified from continued service in the Selected Reserve and issued him a 15-year letter and transferred him to the Retired Reserve. Unfortunately, the 15-year letter and orders were not issued until 1 October 2002, one day after the FSM died.
3. The Board concludes that it would be appropriate to correct the records to show the FSM's 15-year letter and the orders transferring him to the Retired Reserve were issued on 29 September 2002. This would entitle the applicant to an RCSBP annuity under the provisions of Title 10, U. S. Code, section 1448(f)(1)(B).
4. 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's 15-year letter and the orders transferring him to the Retired Reserve were issued on 29 September 2002.
2. That as a result of the above correction, the applicant be paid the RCSBP annuity under the provisions of Title 10, U. S. Code, section 1448(f)(1)(B).
BOARD VOTE:
__fne___ __sp____ __rd____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Fred N. Eichorn_____
CHAIRPERSON
| CASE ID | AR2003087263 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031007 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | Mr. Schneider |
| ISSUES 1. | 137.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002076173C070215
The law is applicable to cases where 20-year letters have been made after 1 January 2001. Correcting his records to show he applied for retired pay would allow the applicant to receive his unpaid retired pay. That all of the Department of the Army records related to this case be corrected by showing that the FSM elected to participate in the RCSBP for spouse coverage, option B, full base amount on 1 January 2002 and that he applied for retired pay at the same time.
ARMY | BCMR | CY2003 | 2003087430C070212
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-Regular retirement and that she be entitled to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. Therefore, the Board concludes that it would be equitable to correct his records to show he completed a full 20 qualifying years for retired pay. a. redistributing the FSM's excess retirement points...
ARMY | BCMR | CY2002 | 2002066635C070402
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he received his notification of eligibility for retired pay at age 60 (his 20-year letter). Based upon the listed causes of his death, it appears his death may have been related to his radical prostatectomy surgery. That the applicant be paid the RCSBP annuity retroactive to 17 November 2001, the date of the FSM’s death, as a result of the above corrections.
ARMY | BCMR | CY2002 | 2002069796C070402
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 due to being medically unfit for retention and that he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) at that time. The applicant states that the FSM had over 18 years of service and was not properly taken care of. The litigation attorney for the NGB opined that had the FSM received a quadrennial retention physical in...
ARMY | BCMR | CY2012 | 20120008876
It states the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a Reserve Component annuity and dies: a. before being notified under section 12731(d) of this title that he/she has completed the years of service required for eligibility for Reserve Component retired pay; or b. during the 90-day period beginning on the date he or she receives notification under section 12731(d) of this title that he/she has completed...
ARMY | BCMR | CY2008 | 20080011865
The FSM's Chronological Statement of Retirement Points shows he enlisted in the U.S. Army Reserve (USAR) on 21 March 1969. The FSM's Chronological Statement of Retirement Points shows he completed only 6 years of qualifying service for a Reserve retirement. As a result, the Board recommends that all Department of the Army records pertaining to the individual concerned be corrected by: a. issuing for the FSM a notice of eligibility for retired pay at age 60; b. having the U. S. Army Human...
ARMY | BCMR | CY2001 | 2001065873C070421
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay and she be authorized the Reserve Component Survivor Benefit Plan (RCSBP) annuity. On 9 January 2002, the U. S. Army Reserve Command determined that the evidence verified the FSM had 13 active duty points for retirement year ending date 20 August 1985 and would correct his points after the Board directed that it be done. There is no evidence of...
ARMY | BCMR | CY2012 | 20120004549
On 12 March 1977, after service in the Regular Army, he enlisted in the U.S. Army Reserve (USAR). It states the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a reserve-component annuity and dies: a. before being notified under section 12731(d) of this title that he/she has completed the years of service required for eligibility for reserve-component retired pay; or b. during the 90-day period beginning on the...
ARMY | BCMR | CY2002 | 2002076655C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The FSM's and the applicant's daughter was born on 22 March 2002. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
ARMY | BCMR | CY2001 | 2001066238C070421
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay. The evidence of record shows the FSM enrolled in the RCSBP during an Open Season but then failed to apply for retired pay in a timely manner, preventing the applicant from receiving the SBP annuity when he died. That all of the Department of the Army records related to this case be corrected by showing the FSM applied for retired pay on 1 September...