RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 April 2005
DOCKET NUMBER: AR20040004034
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. Fred N. Eichorn | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Delia R. Trimble | |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 the records of her deceased
father, a former service member (FSM), be corrected to show he enrolled in
the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage.
2. The applicant states that she believes the form was sent to the FSM
while he was deployed to Iraq during the first Gulf War and he was too busy
to return it.
3. The applicant provides a letter from the FSM written during the Gulf
War; the FSM's and her mother's marriage certificate; the FSM's death
certificate; and the birth certificates of herself and her brother.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel makes no additional statement.
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 15 May 1947. After having had prior enlisted
service in the U. S. Marine Corps, the U. S. Army Reserve, and the Army
National Guard, he was commissioned in the Army National Guard on 23 July
1978. He and the applicant's mother married on 8 April 1986.
2. The FSM's notification of eligibility for retired pay at age 60 (his 20-
year letter) is dated 30 October 1996. Paragraph 4 of the letter informed
him he was entitled to participate in the RCSBP and that he had only 90
calendar days from the date he received the letter to submit his election.
3. The FSM was released from the U. S. Army Reserve Control Group
(Reinforcement) on 17 May 1999 and assigned to the Retired Reserve.
4. The FSM died on 7 March 2004 at age 56.
5. 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. At the time, a member must have made the election within 90 days of
receiving the notification of eligibility to receive retired pay at age 60
or else wait until he/she applied for retired pay and elected to
participate in the standard SBP.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM received his 20-year letter in
1996, not during the first Gulf War. It appears he failed to make an RCSBP
election at that time. His next opportunity to enroll would have been at
the time he turned age 60 and applied for retired pay. Unfortunately, he
died prior to reaching age 60.
2. Regrettably, there is insufficient evidence on which to grant the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fne___ __rtd___ __drt___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
__Fred N. Eichorn_____
CHAIRPERSON
INDEX
|CASE ID |AR20040004034 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050421 |
|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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