RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        January 9, 2007
      DOCKET NUMBER:  AR20060008383


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 she be paid the Reserve
Component Survivor Benefit Plan (RCSBP) annuity based upon the enrollment
of her deceased spouse, a service member (SM), in the RCSBP.

2.  The applicant states, in effect, that she did not realize additional
steps were required to apply for the SBP annuity.  The SM’s Reserve unit
told her to just file for the life insurance and that any type of annuity
to which she was entitled would commence at the appropriate time.  She
submitted the appropriate forms and received his life insurance.  As she
approached age 60, she contacted the U.S. Army Human Resources Command
(HRC) and was informed that she should have filed for the SBP annuity right
after the SM’s death in 1995, but no later than February 2001.  She appeals
for an exception to policy regarding the 6-year statute of limitations.

3.  The applicant provides the SM’s DD Form 1883 (SBP Election
Certificate); his Notification of Eligibility for Retired Pay at Age 60 (20-
Year Letter); his Chronological Statement of Retirement Points; and his
Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  The SM was born on 10 July 1946.  He enlisted in the Regular Army on
23 January 1967.  He and the applicant were married on 19 January 1969.
The SM was discharged from the Regular Army on 22 January 1970 and he was
transferred to the U.S. Army Reserve Control Group (Reinforcement) on the
following date.  He enlisted in U.S. Army Reserve on 23 January 1973 and
continued to serve in the Reserve through a series of reenlistments.

2.  The SM's notification of eligibility for retired pay at age 60 is dated
31 August 1991.  He completed a DD Form 1883 and enrolled in the RCSBP for
spouse and children coverage, at the full base amount, option C.  He dated
the form 6 January 1992.

3.  The SM died on 12 February 1995.  The death certificate shows he was
married to the applicant at the time of his death.

4.  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.

5.  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.  The election must be made within 90 days of receiving the
notification.  If death does occur before age 60, the RCSBP costs for
options B and C are deducted from the annuity.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the SM received his notification of
eligibility for retired pay at age 60, dated 31 August 1991.  He was
married to the applicant at that time and elected to enroll in the RCSBP
for spouse and children coverage, full base amount, option C.  Although he
signed the DD Form 1883 in January 1992, more than 90 days after the date
of his notification letter, it is presumed he signed it within 90 days of
his receipt of the letter.

2.  It appears the applicant was given erroneous advice on when to apply
for the RCSBP annuity.  Therefore, it would be equitable to correct the
records to show she applied for the annuity in a timely manner and to pay
her an annuity based upon the SM’s election of spouse and children RCSBP
coverage retroactive to 13 February 1995.

BOARD VOTE:

JA________  JP______  SF______  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
correcting the records to show the applicant applied for the annuity in a
timely


manner and to pay her an annuity based upon the SM’s election of spouse and
children RCSBP coverage retroactive to 13 February 1995.




                                  James Anderholm_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060008383                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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