RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050015134


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his Reserve Component Survivor
Benefit Plan (RCSBP) election be changed to “Spouse only" coverage.

2.  The applicant states, in effect, that he signed up for spouse only
coverage; however, his RCSBP coverage is currently for spouse and children
coverage.

3.  In support of his application, the applicant provides a copy of his
Defense Finance and Accounting Service (DFAS) Retiree Account Statement,
with an effective date of 23 September 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Army National
Guard and served from 1 October 1975 to 30 September 1986, and from 1 April
1987 through 27 April 1996, at which time he was transferred to the Retired
Reserve, in the rank of staff sergeant.  His date of birth is 7 September
1945.

2.  On 16 October 1995, the applicant was issued his Notification of
Eligibility for Retired Pay at Age 60 (Twenty-Year) letter.

3.  The applicant's military service records contain a DD Form 1883
(Survivor Benefit Plan (SBP) Election Certificate), dated 9 January 1996,
which shows, in pertinent part, that the applicant indicated that he was
not married, but that he had dependent children.  This document also shows
that the applicant elected "Children only" RCSBP coverage, at the full
rate, and Option C (Immediate Coverage).

4.  The applicant's military service records contain a DD Form 1882
(Survivor Benefit Plan Election Change), dated 20 February 1996, which
shows, in pertinent part, that the applicant indicated that he was married
and that he had dependent children.  This document also shows that the
applicant elected "Spouse and children" RCSBP coverage.  The applicant
attached a copy of his County of Cook, State of Illinois, Office of the
County Clerk, Certification of Marriage, which shows, in pertinent part, a
date of marriage of 18 February 1996.

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 RCSBP 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; or (c) elect that a
beneficiary receive an annuity immediately upon their death if before age
60.  Normally an election, once made, is irrevocable, except as provided
for by law.  In addition, RCSBP/SBP elections are made by category, and
beneficiaries are not designated by name.

6.  Title 10 of the United States Code, section 1552(B), provides the legal
authority for reduction in retired pay for RCSBP participants.  It states,
in pertinent part, that in the case of a participant in the RCSBP who
provided
“Child-only” coverage during a period before becoming entitled to receive
retired pay, the retired pay of the participant shall be reduced by an
amount prescribed under regulations by the Secretary of Defense to reflect
the coverage provided under the Plan during the period before the
participant became entitled to receive retired pay.  A reduction under this
paragraph is made without regard to whether there is an eligible dependent
child during a month for which the reduction is made.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his children should be removed from
RCSBP coverage, his supporting argument, and the documents he provides were
carefully considered.  However, the applicant does not provide an
evidentiary basis to support granting the requested relief.

2.  The evidence of record confirms that upon becoming eligible to receive
retired pay at age 60, the applicant elected "Children only" RCSBP
coverage, at the full rate, and Option C (Immediate Coverage).  He then
attempted to change his coverage to “Spouse and Children” RCSBP coverage,
as evidenced by the
DD Form 1882 he completed on 20 February 1996.  In fact, his DD Form 1883,
dated 9 January 1996, listed two children with dates of birth of 5 October
1983 and 20 February 1986; and his DD Form 1882, dated 20 February 1996,
listed three children, adding another child with a date of birth of 20
September 1982.  The first RCSBP election was irrevocable, except under
specific circumstances identified by law.

3.  In the applicant’s case, his original RCSBP election was for "Children
only", immediate coverage under Option C.  In addition, subsequent to his
marriage in 1996, he still had eligible dependent children who remained
covered under the RCSBP.  Therefore, there are no provisions of law or
regulation that would allow a change to the RCSBP reductions of his retired
pay.
4.  The costs for children coverage is based on the retired Soldier's age
and the age of the youngest child at the time of election.  Costs for child
coverage stop when all children are no longer eligible to receive payments.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV___  __BJE___  __DLL___  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.




                                  _____James E. Vick_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015134                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19960427                                |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |Retired                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |137.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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