RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 May 2005
      DOCKET NUMBER:  AR20040009526


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 his records be corrected to show he elected
to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for
spouse coverage.

2.  The applicant states that when he received his notification of
eligibility for retired pay at age 60 (his 20-year letter) he was not
married.  When he did marry, he was unaware that he could have enrolled in
the RCSBP within his first year of marriage.  He discovered this error
while at his mobilization station.  Even though the error was discovered in
December 2003, they decided to wait until he was home on leave and able to
sign all the forms himself.  He is aware that while he is on active duty
his wife is automatically protected under the SBP.  He will be deploying
again in June 2005.

3.  The applicant provides his 20-year letter; his marriage certificate; a
DD Form 214 (Report of Separation from Active Duty) for the period ending
22 November 1978; a DD Form 214 for the period ending 30 October 2004; a
copy of his DA Form 2-1 (Personnel Qualification Record); a printout of his
Soldier Data from the U. S. Army Human Resources Command website; and a DD
Form 1883 (Survivor Benefit Plan Election Certificate) dated 27 July 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 27 April 1957.  He was released from active
duty with the Regular Army on 22 November 1978 and transferred to the U. S.
Army Reserve.

2.  The applicant's 20-year letter is dated 12 March 1997.  His 20-year
letter informed him he was entitled to participate in the RCSBP and
provided detailed information with the letter.  He apparently was not
married at the time and did not make an RCSBP election.

3.  The applicant married on 2 August 1998.  He was promoted to command
sergeant major on 1 November 1999.

4.  The applicant provided a DD Form 1883 dated 27 July 2004 indicating he
desired spouse only RCSBP coverage, full base amount, option C.

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.

6.  Title 10, U. S. Code, section 1448(a)(5) provides that a person who is
not married or has no dependent child upon becoming eligible to participate
in the SBP but who later marries or acquires a dependent child may elect to
participate in the SBP.  Such an election must be written, signed by the
person making the election, and received by the Secretary concerned within
one year after the date on which that person marries or acquires that
dependent child.

7.  Public Law 107-107, enacted 28 December 2001, provided expanded
benefits under the SBP for the qualified survivors of eligible members who
die in the line of duty while serving on active duty.  These benefits are
effective for a death on or after 10 September 2001.  A qualified death
under the provisions of Title 10, U. S. Code, section 1448(d), as amended
by Public Law 107-107, is a death of a member on active duty who died in
the line of duty or died not in the line of duty but was retirement
eligible.

8.  The National Defense Authorization Act for Fiscal Year 2005 establishes
an Open Season to be conducted 1 October 2005 to 30 September 2006.  It
required that enrollees live two years from the effective date of election
for beneficiaries to be eligible for an annuity.  The retiree must pay
monthly premiums starting on the date of enrollment and a buy-in premium
covering all the costs that would have been paid for the election if it had
been made at the first opportunity to do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a senior noncommissioned officer, had received
detailed information on the RCSBP about 18 months earlier, and should have
known to inquire about enrolling in the RCSBP for spouse coverage after his
marriage.  In addition, he was in an active status and could have inquired
from his unit what financial steps he should be considering since he had
married.

2.  The applicant will deploy again shortly and, as he understands, his
spouse will have automatic SBP protection should he die while on active
duty.

3.  As for the RCSBP, the applicant will have a one-year opportunity
beginning on 1 October 2005 during which he may enroll.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __rd____  __cd___  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.




            ___John N. Slone____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009526                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050517                                |
|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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