RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050017906


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 military records be
corrected to show he elected to participate in the Reserve Component
Survivor Benefit Plan (RCSBP) for spouse coverage instead of children only
coverage.

2.  The applicant states he married his current wife on 31 July 2004 and
completed a DD Form 2656-6 (Survivor Benefit Plan Election Change
Certificate) on 29 July 2005, electing his wife as his SBP beneficiary.  He
contends he received a letter from the Defense Finance and Accounting
Service (DFAS) stating it could not process his SBP request because it was
not made before his first anniversary.

3.  The applicant provides a DD Form 2656-6; a marriage license and
certificate; a certificate of name change; a Track and Confirm statement
from the U.S. Postal Service; a DA Form 200 (Transmittal Record), dated 1
August 2005; a letter, dated 15 October 2005, from DFAS; and a letter,
dated 25 October 2005, from the Department of Defense, Veterans and
Emergency Management [Maine National Guard].

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 21 August 1945.  He served on active duty
from
31 May 1966 through 4 April 1969.  He entered active duty again on 2 July
1969 and was honorably discharged on 27 June 1975.  He apparently enlisted
in the Army National Guard, on an unknown date.

2.  The applicant's notification of eligibility for retired pay at age 60
(his 20-year letter) is not available.  His DD Form 1883 (Survivor Benefit
Plan Election Certificate), dated 13 November 1990, shows he was married
but elected to enroll in the RCSBP for children only, full base amount,
option C.  Section II of the DD Form 1883 states, in part, “IMPORTANT:  The
decision you make with respect to participation in this Survivor Benefit
Plan is a permanent irrevocable decision.  Please consider your decision
and its effect very carefully.”  The applicant’s then spouse concurred with
this decision.

3.  The applicant divorced in 1991.

4.  The applicant remarried on 31 July 2004.

5.  The applicant completed a DD Form 2656-6 on 29 July 2005, electing
spouse coverage only.

6.  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.  Except as provided by
law, an election is irrevocable.

7.  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.

8.  The National Defense Authorization Act for Fiscal Year 2005 established
an Open Season to be conducted from 1 October 2005 through 30 September
2006. It requires that enrollees live two years from the effective date of
election for beneficiaries to be eligible for an annuity.  The retiree must
pay monthly premiums starting on the date of enrollment and a buy-in
premium covering all the costs that would have been paid for the election
if it had been made at the first opportunity to do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was married at the time he completed his DD Form 1883 on
  13 November 1990 but elected to enroll in the RCSBP for children only
coverage. Since that decision was irrevocable, except as provided for by
law, he could not enroll his new spouse when he remarried in July 2004.

2.  However, the law established an SBP Open Season during which he may
enroll in the SBP for spouse coverage to add to his children coverage.  The
applicant has a one-year opportunity, which began on 1 October 2005, to
enroll in the SBP.  He should contact his nearest Retirement Services
Officer (RSO) now for further information.  A copy of the RSO Directory
will be provided to him.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS______  _JM_____  _JP_____  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.




                                  __Linda Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017906                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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