RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 January 2005
      DOCKET NUMBER:  AR20040009418


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that the records of her deceased brother, a
former service member (FSM), be corrected to show that he enrolled in the
Reserve Component Survivor Benefit Plan (RCSBP) for natural interest
coverage (his mother).

2.  The applicant states that the FSM received his notification of
eligibility for retired pay at age 60 (his 20-year letter) while he was in
Iraq but was killed before he could make an RCSBP election.  The FSM's
mother is 84 years old, permanently disabled, has bad eyesight, and she was
the FSM's sole dependent. He resided at home with his mother and his
civilian and military pay were the only sources of income for her.

3.  The applicant provides a letter from her husband, the FSM's brother-in-
law, dated 8 December 2004; a letter from Retina Associates of Northwest
New Jersey dated 16 November 2004 stating the FSM's mother is legally
blind; a bill from Comcast indicating the FSM resided with his mother; the
FSM's Sergeant, E-5 promotion orders; the FSM's active duty orders; an Army
National Guard (ARNG) Retirement Points History Statement; the FSM's 20-
year letter; a DD Form 1300 (Report of Casualty); a DD Form 2064
(Certificate of Death (Overseas)); the FSM's posthumous promotion orders;
the FSM's DA Form       2-1 (Personnel Qualification Record); and a DA Form
4836 (Oath of Extension of Enlistment or Reenlistment).

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 11 December 1952.  He enlisted in the ARNG on
30 April 1984.  He was promoted to Sergeant, E-5 on 13 August 1986.  In
January 2004, he was ordered to active duty in support of Operation Iraqi
Freedom.

2.  The FSM's 20-year letter is dated 3 June 2004.  With receipt of his 20-
year letter, he was eligible to participate in the RCSBP.  He was not
married and had no children at that time.

3.  The FSM was killed in action on 4 June 2004.  His father was deceased
and his mother was listed as his next of kin.

4.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members on active duty could elect to have their retired pay
reduced to provide for an annuity after death to surviving dependents.  A
person who is not married and does not have a dependent child upon becoming
eligible to participate in the SBP may elect to provide an annuity to a
natural person with an insurable interest in the member.

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.  If death occurs before age 60, the RCSBP costs for options B and C are
deducted from the annuity.

DISCUSSION AND CONCLUSIONS:

1.  The FSM had completed 20 years of qualifying service for retired pay in
April 2004 and his 20-year letter was dated 3 June 2004.  Unfortunately, he
was killed in action on 4 June 2004, before he could make an RCSBP
election.

2.  The FSM was not married and had no children.  The evidence provided by
the applicant shows the FSM lived with his elderly, disabled mother and was
her sole support.  It is reasonable to presume that, had he had the
opportunity, he would have elected to participate in the RCSBP for natural
insurable person coverage and named his mother as the beneficiary.  It
would be equitable to correct his records to show that he elected that
coverage before he died.

BOARD VOTE:

__jea___  __kan___  __lmd___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 that he elected, on 3 June 2004, to participate in the
RCSBP for natural insurable person coverage and designated his mother as
his RCSBP beneficiary, full base amount, option C and that his election was
received and processed by the appropriate office in a timely manner.

2.  That the FSM's mother be paid the RCSBP annuity effective 4 June 2004
as a result of the above correction.




            __James E. Anderholm__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009418                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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