SUPPLEMENTAL RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050017774


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated      9 June 2005 were affirmed.  The following additional
findings, conclusions, and recommendations were adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 9 June 2005.

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – (show the identifying data for the original Record of
Proceedings)











CONSIDERATION OF ADDITIONAL EVIDENCE:

8.  On 20 October 2005, new information was received from the Defense
Finance and Accounting Service (DFAS) in regard to the decision of the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR20040008702 dated 9 June 2005.

9.  DFAS suggested the recommended change would not permit the applicant to
receive the full relief the Board intended her to receive.  On 16 December
2005, DFAS' legal advisor suggested an alternative resolution, i.e., that
the records be corrected to show: (a) that the former service member (FSM)
was issued his notification of eligibility for retired pay (his 20-year
letter) within one-year of his accruing 20 years of qualifying service; (b)
that he elected Reserve Component Survivor Benefit Plan (RCSBP) spouse
coverage, full base amount, option C within 90 days of receiving the 20-
year letter; and (c) that the applicant made an annuity application
immediately after the FSM died on 9 September 1984.

10.  DFAS's alternative is accepted with one exception.  The FSM was
discharged from the U. S. Army Reserve on 17 May 1977, at which time he had
completed over 20 years of qualifying service.  Showing that he received
his    20-year letter within one-year of that date (at the latest, 1 May
1978) and then that he elected RCSBP coverage within 90 days is not
feasible.  The RCSBP was not established until 30 September 1978, after the
90-day window even starting from the latest point in time.

11.  It would be equitable to correct the FSM's records to show he received
his 20-year letter on 1 June 1977 and then elected RCSBP spouse coverage,
full base amount, option C on 1 October 1978, the first day of the
applicable Open Season.  It would be equitable to correct the records to
show the applicant applied for the annuity on 10 September 1984, the day
after the FSM's death.

12.  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 occurs before age 60, the RCSBP costs for options
B and C are deducted from the annuity.  An Open Season was established from
1 October 1978 through 30 September 1979 and later extended to 31 March
1980.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

2.  At the time of the decision of the ABCMR in Docket Number AR20040008702
dated 9 June 2005, it was the intent of the ABCMR to make the FSM’s record
as administratively correct as it should properly have been at the time.

3.  The ABCMR's decision in Docket Number AR20040008702 failed to provide
the applicant the relief intended, which was to grant the applicant the
RCSBP annuity retroactive to the date of the FSM's death.

4.  Per DFAS's suggestion, as modified, it would be equitable to correct
the FSM's records to show he received his 20-year letter on 1 June 1977 and
elected RCSBP spouse coverage, full base amount, option C on 1 October
1978, the first day of the applicable Open Season.  It would be equitable
to correct the records to show the applicant applied for the annuity on 10
September 1984, the day after the FSM's death.

BOARD VOTE:

__wdp___  __tmr___  __rjf___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

2.  The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR20040008702 dated 9 June 2005
to read:

     a.  issuing the FSM a 20-year letter on 1 June 1977 to show he was
entitled to Reserve retired benefits at age 60;

     b.  showing the FSM elected to participate in the RCSBP for spouse
coverage, full base amount, option C on 1 October 1978, the first day of
the applicable Open Season, and to show his election was received and
processed by the appropriate office in a timely manner; and

     c.  showing the applicant applied for the RCSBP annuity on 10
September 1984 and her application was received and processed by the
appropriate office in a timely manner, making her eligible to receive the
annuity retroactive to the date of the FSM's death.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017774                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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