RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050015648


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Donald 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 the records of her deceased
spouse, a former service member (FSM), be corrected to show he changed his
Reserve Component Survivor Benefit Plan (RCSBP) coverage to spouse and
children coverage.

2.  The applicant states, in effect, that her late husband filled out a
DFAS-CL 1741/70 (Survivor Benefit Plan (SBP) - Automatic Coverage Fact
Sheet) on
29 March 1999 wherein he elected spouse only coverage and listed her as the
beneficiary.

3.  The applicant provides a copy of the DFAS-CL 1741/70 and the FSM’s
death certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 29 January 1939.  He enlisted in the Regular Army
on 9 January 1962 and was honorably discharged on 28 March 1963.  He was
commissioned a Reserve officer on 29 March 1963 and ordered to active duty.
 On 16 December 1965, he was released from active duty in the rank of first
lieutenant.  The FSM married his first wife on 22 April 1967.  He was
ordered to active duty again on 8 June 1967 and released from active duty
on 5 September 1973 in the rank of captain.  He was honorably discharged
from the U.S. Army Reserve (USAR) on 2 January 1974 and appointed to the
Alabama National Guard on 3 January 1974.

2.  His notification of eligibility for retired pay at age 60 (his 20-year
letter) is dated 20 January 1984.

3.  The FSM's first DD Form 1883 shows he enrolled in the RCSBP on
11 February 1984 for spouse and children coverage, full base amount, option
C.

4.  The FSM was honorably discharged from the Alabama National Guard on
24 February 1984 in the rank of major and transferred to the USAR Control
Group (Reinforcement).

5.  The FSM and his first wife divorced on 8 January 1985.

6.  A second DD Form 1883, dated 7 February 1985, shows the FSM was not
married and he elected to participate in the RCSBP on that date for
children only coverage, full base amount, option C.

7.  The FSM married the applicant on 10 March 1988.

8.  The FSM died on 29 June 2005.

9.  Officials at the Defense and Finance Accounting Service (DFAS) indicate
the
7 February 1985 DD Form 1883 is the only DD Form 1883 they have on file.

10.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members could elect to have their retired pay reduced to provide
for an annuity after death to surviving dependents.  Elections are made by
category, not by name.

11.  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.  Once a member elects either options B or C in any category
of coverage, that election is irrevocable.  Option B and C participants do
not make a new SBP election at age 60.  They cannot cancel SBP
participation or change options they had in RCSBP, and RCSBP coverage
automatically rolls into SBP coverage.

12.  Public Law 99-145, enacted 8 November 1985, permitted a previously
participating retiree upon remarriage to elect not to resume spouse
coverage or to increase reduced coverage for the latter spouse.  Changes
must be made prior to the first anniversary of remarriage or else the
previously suspended coverage resumes by default on the first day of the
month following the first anniversary of the remarriage, with costs owed
from that date.

DISCUSSION AND CONCLUSIONS:

1.  There are no records to show the FSM declined RCSBP spouse coverage for
the applicant as his new spouse within one year of their 1988 marriage,
which was his option.

2.  Instead, records show the FSM enrolled in the RCSBP on 11 February 1984
for spouse and children coverage, full base amount, option C.  Since that
election is irrevocable, it appears the 7 February 1985 DD Form 1883 was in
error.
Therefore, it would be equitable to correct his records to show that he
elected spouse and children coverage on 11 February 1984, that his 11
February 1984 DD Form 1883 was accepted and processed by the appropriate
office in a timely manner, and that the 7 February 1985 DD Form 1883 was
invalidated.

3.  Since DFAS previously believed the FSM’s RCSBP election was for
children only coverage, it may not have deducted sufficient premium
payments from the FSM’s retired pay.  DFAS needs to conduct an audit of the
FSM’s records in order to determine whether RCSBP and SBP spouse premium
payments are still owing.  If so, it may deduct these payments from the
applicant’s annuity pay.

BOARD VOTE:

JV_____  _BE_____  _DL_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:


      a.  voiding the 7 February 1985 DD Form 1883;

      b.  showing the FSM enrolled in the RCSBP on 11 February 1984 for
spouse and children coverage by completing a DD Form 1883 and the DD Form
1883 was accepted and processed by the appropriate office in a timely
manner; and

      c.  paying to the applicant the SBP annuity effective 29 June 2005,
the date of the FSM's death.



                                  __James Vick__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015648                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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