RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 November 2005
DOCKET NUMBER: AR20050001825
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. Margaret K. Patterson
Chairperson
Ms. Linda D. Simmons
Member
Mr. Michael J. Flynn
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 spouse, 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 she did not know about the RCSBP. The FSM always took care of anything to do with the military and he did not let her know anything.
3. The applicant provides the FSM's death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 16 October 1949. After having had prior service, he enlisted in the U. S. Army Reserve in March 1975.
2. The FSM's notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 25 March 1994. Records at the U. S. Army Human Resources Command St. Louis indicate the FSM did not return the DD Form 1883 (Survivor Benefit Plan Election Certificate).
3. The FSM died on 12 March 2004 at the age of 54.
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.
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 members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 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.
6. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouses written concurrence for a retiring members election that provides less than the maximum spouse coverage.
7. Public Law 106-398, enacted 30 October 2000, required written spousal consent for a Reserve service member to be able to delay making an RCSBP election until age 60. The law is applicable to cases where 20-year letters have been issued after 1 January 2001.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM failed to make an RCSBP election at the time he received his 20-year letter. As his 20-year letter was dated 1994, his spouse's concurrence with his, in effect, declination to participate in the RCSBP was not required. Unfortunately, he died prior to reaching age 60, when he could have elected to enroll in the standard SBP.
2. Regrettably, there is insufficient evidence to warrant granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __lds___ __mjf___ 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.
__Margaret K. Patterson
CHAIRPERSON
INDEX
CASE ID
AR20050001825
SUFFIX
RECON
DATE BOARDED
20051110
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES 1.
137.04
2.
3.
4.
5.
6.
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