RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004331


      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. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP) for
spouse only coverage.

2.  The applicant states that her husband served in the U. S. Army Reserve
(USAR) for over 20 years.  She contends that he did not make an RCSBP
election within the prescribed time, that he passed away on 8 July 2001,
and that now she is left with no benefits as a widow.  She states that she
made a lot of sacrifices to support her husband’s military career.

3.  The applicant provides a copy of the FSM’s 20-year letter; a marriage
certificate; a death certificate; a birth certificate; a Chronological
Statement of Retirement Points; and a memorandum, dated 13 March 2006, from
Headquarters, 65th U.S. Army Regional Support Command in Puerto Rico.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 25 January 1947.  He enlisted in the USAR on
29 January 1973.  He married the applicant on 11 June 1977.  The FSM was
placed on the retired list effective 19 April 1993.

2.  The FSM's notification of eligibility for retired pay at age 60 (his 20-
year letter) is dated 7 February 1995.  Paragraph 4 of this letter pertains
to the RCSBP and DD Form 1883 (Survivor Benefit Plan Election Certificate)
and informed him that he had 90 calendar days from the date he received the
letter to submit his DD Form 1883.  Records at the U.S. Army Human
Resources Command - St. Louis indicate that the FSM's records did not
contain a DD Form 1883.  It appears he did not return the DD Form 1883.

3.  The FSM died on 8 July 2001.

4.  In support of her claim, the applicant provided a memorandum, dated
13 March 2006, from a Human Resources Specialist at Headquarters, 65th U.S.
Army Regional Support Command in Puerto Rico.  This letter states that the
FSM
never made an SBP election due to personal problems.  The letter also
states the applicant visited her office on 16 March 2006 to process her
claim, but to her [Human Resources Specialist] surprise, the SBP election
was not made by the FSM within the prescribed time.


5.  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.

6.  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.  Before the law was amended in October 2000, 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.  In other words,
failure to elect an option resulted in the default election of option A,
decline enrollment and choose at age 60 whether to start SBP participation.

7.  Public Law 105-261, enacted 17 October 1998, established an Open Season
to be conducted 1 March 1999 – 29 February 2000.  Extensive publicity was
given in Army Echoes, the Army bulletin published and mailed to retirees to
keep them abreast of their rights and privileges and to inform them of
developments in the Army.

DISCUSSION AND CONCLUSIONS:

The applicant’s contentions are noted.  However, there is no evidence to
show the FSM ever attempted to enroll in the RCSBP at any time.  There is
no evidence to show what his personal problems might have been that
prevented him from enrolling in 1995.  There is also no evidence to show he
attempted to enroll during the March 1999 to February 2000 Open Season.
Regrettably, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM______  _PF____  _RH_____  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.



                                  ___John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004331                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]