RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 DECEMBER 2006
      DOCKET NUMBER:  AR20060005830


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald Steenfott              |     |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 military records of her
deceased spouse, a former service member (FSM), be corrected to show he
enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse,
spouse and child, or child only coverage.

2.  The applicant states that her spouse died on 14 March 2006 in
Shreveport, Louisiana.  She maintains that there is no evidence of an SBP
application on file and therefore, she requests the option of making an
immediate SBP coverage election.  In addition, she alleges the FSM’s
records were incorrectly coded as medically retired instead of Reserve
Retired.  Finally, she states she is applying for Dependency Indemnity
Compensation (DIC) and believes DIC and approval of SBP benefits are
somehow interrelated.

3.  The applicant provides her marriage license and the FSM’s certificate
of death.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 24 May 1947.  He and the applicant were married on
 6 August 1988.  After having had prior service in the Regular Army, the
FSM enlisted in the U.S. Army Reserve on 5 April 1976.

2.  The FSM's notification of eligibility to receive retired pay at age 60
(20-Year Letter) is dated 3 December 1993.  The memorandum stated the FSM
had 90 days from the date he received the memorandum to submit his DD Form
1883 (SBP Election Certificate) and if he did not submit his election
within 90 calendar days, he would not be entitled to survivor benefit
coverage until he applied for retired pay at age 60.  If he did not elect
coverage and should die before age 60, his survivors would not be entitled
to benefits.

3.  On 20 October 1995, a letter was sent to the FSM in reference to his
eligibility to participate in the RCSBP.  The letter stated that RCSBP
materials were received by him, via certified mail, on 12 September 1994.
The election form should have been completed and returned 90 days from the
date of receipt.  However, because of his decision not to return the
election forms within the
90-day period, his survivors would not be eligible to receive any benefits
under this plan.  The letter also stated that he would remain eligible to
elect coverage under the standard SBP upon reaching age 60 and applying for
retired pay.


4.  On 20 October 1995, a letter from the Chief, Retired Activities
Division, was also sent to the applicant.  The letter explained the
statutes that governed the SBP and stated that a Reserve Soldier is
required to elect coverage within 90 days of notification.  The letter
informed the applicant that the 90-day time period specified by law expired
on 12 December 1994.  "As a result of your spouse’s decision not to return
the election forms, you will not be entitled to any benefits under this
plan should your spouse’s death occur, prior to age 60."

5.  The FSM was transferred to the Retired Reserve on 13 March 2005.

6.  The FSM died on 14 March 2006.  The death certificate shows he was
married to the applicant at the time of his death.

7.  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.

8.  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 does occur before age 60, the RCSBP costs for options B and C
are deducted from the annuity.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM’s 20-Year Letter was dated 3 December
1993.  He was married at that time; however, he did not elect to enroll in
RCSBP.

2.  Additionally, the FSM was notified in October 1995 of his failure to
make an election under the RCSBP.  The applicant was also notified that her
spouse failed to submit his election form and as a result she would not be
entitled to any benefits should his death occur prior to age 60.

3.  Unfortunately, the fact that the FSM did not return his election form
and so, as a result, the form was not on file is not justification for
granting the applicant's request.  In addition, the alleged incorrect
coding of the FSM’s records has no

effect on the RCSBP.  The applicant's DIC application also has no impact on
her RCSBP entitlement.  Although RCSBP benefits would be offset by the
amount of DIC benefits, this is not applicable to the applicant because she
is not eligible for RCSBP benefits anyway.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LS  __  ___PM __  ___DS __  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                 |AR20060005830                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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