| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show he did not enroll in the Reserve Component Survivor Benefit Plan (RCSBP).
APPLICANT STATES: That after receiving his notification of eligibility to receive retired pay at age 60 (his 20-year letter), he was presented a DD Form 1883 (Survivor Benefit Plan Election Certificate) to sign. Future costs were not explained to him or his spouse. Neither he nor his spouse were briefed on the impact of an action taken nearly 20 years ago. His spouse's name is not correct on the form and she was not given an opportunity to review or sign the form. As supporting evidence he provides his 20-year letter and the front page of his DD Form 1883.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 9 June 1942. After having had prior service, he entered the Army National Guard as a commissioned officer. His 20-year letter is dated 12 January 1983, at which time he was a captain.
On 10 February 1983, the applicant signed a DD Form 1883 electing to enroll in the RCSBP for spouse and children coverage, option C. The amount of coverage, based on full or a reduced base amount, was not checked.
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 (and participate in SBP), 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. Once a member elects either option B or C in any category of coverage, that election is irrevocable. If RCSBP option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.
Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from the SBP. The spouse’s concurrence is required. No premiums will be refunded to those who opt to disenroll. Reservists who elected an option under the RCSBP will continue to have the Reservist Portion cost deducted from their retired pay. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
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 evidence of record shows the applicant enrolled in the RCSBP on 10 February 1983 for spouse and children coverage, option C. Since the amount of coverage was not identified, full base amount was the default option.
3. If he had any questions, the applicant, a commissioned officer, had a responsibility to himself to obtain information on the RCSBP prior to signing any document presented to him. Since the applicant signed the form electing to participate in the RCSBP for spouse and children coverage, his spouse was neither required to give her consent nor be notified of his election.
4. The applicant will have a one-year opportunity to disenroll completely from the SBP beginning in June 2004. However, he should understand that if he does his spouse will no longer be eligible for any annuity if he should die. In addition, if he does disenroll the Reservist Portion cost would still be deducted from his retired pay.
5. 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
__rjw___ __lds___ __mjt___ DENY APPLICATION
| CASE ID | AR2003087473 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031028 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 137.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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