RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 March 2005
      DOCKET NUMBER:  AR20040003400


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that she be paid the Reserve
Component Survivor Benefit Plan (RCSBP) annuity based on the RCSBP election
of her deceased spouse, a former service member (FSM).

2.  The applicant states that she did notify the Army of the FSM's death at
the time of his death.

3.  The applicant provides a letter from her to the U. S. Army Reserve
Personnel Command (AR-PERSCOM) dated 21 June 2004; a letter from the
National Guard Association of Connecticut dated 11 (sic) May 1995; and a
letter from the U. S. Total Army Personnel Command dated 1 June 1995.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Army National Guard on 29 June 1970.  He and
the applicant married on 11 July 1970.

2.  The FSM's notification of eligibility for retired pay at age 60 (his 20-
year letter) was prepared on 10 July 1990.  On 16 October 1990, he
completed a DD Form 1883 (Survivor Benefit Plan Election Certificate)
electing to enroll in the RCSBP for spouse and children coverage, full base
amount, option C.

3.  The FSM died on 23 May 1995.  The applicant notified the Army and a DD
Form 1300-E (Report of Casualty) was prepared on 4 June 1996.

4.  The National Guard Association of Connecticut informed the applicant
she was the beneficiary of an insurance policy the FSM had.  The U. S.
Total Army Personnel Command offered their condolences and informed her she
should contact the Casualty Area Command at Fort Drum if she needed further
assistance.  Neither of these agencies suggested she might be entitled to
an RCSBP annuity.

5.  Around June 2004, the U. S. Army Reserve Personnel Command apparently
informed the applicant that her "eligibility for benefits" was in question
because she did not notify the Army of the FSM's death.

6.  Records at the Defense Finance and Accounting Service (DFAS) revealed
the applicant did not apply for the RCSBP annuity until 2004.

7.  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.

8.  Title 31, U. S. Code, section 3702, also known as the barring statute,
prohibits the payment of a claim against the Government unless the claim
has been received by the Comptroller General within 6 years after the claim
accrues.  Among the important public policy considerations behind statutes
of limitations, including the 6-year limitation for filing claims contained
in this section of Title 31, U. S. Code, is relieving the government of the
need to retain, access, and review old records for the purpose of settling
stale claims, which are often difficult to prove or disprove.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant did not submit a claim for the RCSBP annuity to
DFAS within 6 years after the FSM's death, there is ample evidence of
record to show she did notify the Army of the FSM's death shortly after he
died.  There is no evidence of record to show the Army provided her any
guidance on checking her entitlement to the RCSBP other than telling her to
contact the Casualty Area Command at Fort Drum if she needed further
assistance.

2.  At least one of the reasons behind the barring statute was not of major
importance in this case.  The applicable records were readily accessible
and the applicant's case was not difficult to prove.  Therefore, it would
be equitable to show that the applicant submitted a claim for the RCSBP
annuity within the timeframe required by law.

BOARD VOTE:

__mdm___  __bje___  __pms___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing:

     a.  that the applicant submitted a claim for the RCSBP annuity to the
proper office on 1 June 1995; and

     b.  if it is determined, after receiving the required documentation
from the applicant, that she was/is still an eligible beneficiary, that the
Defense Finance and Accounting Service pay her the RCSBP annuity.




            __Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003400                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]