RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2004
DOCKET NUMBER: AR2004104608
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. John T. Meixell | |Member |
| |Mr. Robert J. Osborn | |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 spouse, a
former service member (FSM), 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 the FSM retired from the Massachusetts
Army National Guard (MAARNG), he informed her that all paperwork was
complete, as per his superiors, and if anything happened to him she would
be eligible to receive his pension. She believes the paperwork was
misplaced by his superiors at the time he retired, as had happened many
times during his 20 years of service. She also knows that, with all the
stress he went through in recruiting and retention, he would be very upset
if he knew all his time, energy, and stress during those years would be
disregarded and not honored by the military.
3. The applicant provides her marriage certificate and the FSM's death
certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 27 December 1946. After having had prior service,
he enlisted in the ARNG on 6 October 1974. He was promoted to Sergeant
First Class, E-7 on 26 October 1981. He and the applicant married around
1984.
2. The FSM's notification of eligibility for retired pay at age 60 (his 20-
year letter) is dated 2 January 1990. A Survivor Benefit Plan Summary was
an enclosure to the letter.
3. The FSM was separated from the ARNG on 15 November 1991 and transferred
to the Retired Reserve. He died on 31 March 2003 at age 56.
4. 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 does occur before age 60, the RCSBP costs for options B and C
are deducted from the annuity. At the time the applicant received his 20-
year letter, 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 applies for retired pay and elect to participate
in the standard SBP. In other words, failure to elect an option resulted
in the default election of option A.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record to show that the FSM completed a DD Form
1883 (Survivor Benefit Plan Election Certificate) electing to participate
in the RCSBP. He would have completed this form around April 1990, within
90 days of receiving his 20-year letter, and not when he transferred to the
Retired Reserve in November 1991. As a senior noncommissioned officer, the
FSM should have kept a copy of this important document for his own files if
and when it was completed.
2. Regrettably, the applicant fails to provide any evidence that supports
her contention that the FSM completed the DD Form 1883 and/or that his
superiors in the MAARNG assured him that the paperwork was complete and
submitted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fne___ __jtm___ __rjo___ 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 |AR2004104608 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041123 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |137.01 |
|ISSUES 1. |Mr. Chun |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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