RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 February 2007
DOCKET NUMBER: AR20060011810
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
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, entitlement to Reserve Component Survivor Benefit Plan (RCSBP) benefits based on the death of her deceased husband, a former service member (FSM).
2. The applicant states, in effect, that although there is no record of her husband completing an application for RSCBP benefits, she remembers her husband mailing the application on 7 September 1988, the date of her son's birthday.
3. The applicant provides a 15 December 2004 Letter from the US Human Resources Command (HRC) and a Commonwealth of Kentucky Death Certificate in support of her application.
CONSIDERATION OF EVIDENCE:
1. An United States Army Reserve Retirement Points History Statement on file pertaining to the FSM confirms he served in the United States Army Reserve (USAR) during the period 19 October 1965 through 18 October 1987, and that he completed a total of 21 years of qualifying service for non-regular retirement.
2. On 18 August 1988, The US Army Reserve Personnel Center, issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) pertaining to the FSM. This letter notified the FSM that he had completed the required years of service and would be eligible for retired upon application at age 60. This letter also notified the FSM that he was entitled to participate in the RCSBP and that "UPON RECEIPT OF NOTIFICATION OF ELIGIBILITY FOR RETIRED PAY AT AGE 60, HE HAD 90 DAYS IN WHICH TO ELECT TO PARTICIPATE IN THE SURVIVOR BENEFIT PLAN OR REMAIN UNCOVERED BY THE PLAN UNTIL HE BECAME 60 YEARS AND AGAIN AFFORDED THE OPPORTUNITY."
3. There is no evidence in the FSM's records which shows that he elected to participate in the RCSBP.
4. On 18 October 2004, the FSM died at the age of 59.
5. On 15 December 2004, the applicant was notified by officials from the US Human Resources Command that she was not eligible for RCSBP benefits based on the fact that there was no evidence that the FSM elected to participate in the RSCBP.
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 members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. At the time, 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 applied for retired pay and elected to participate in the standard SBP.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she is entitled to receive RCSBP benefits based on the death of her husband, a FSM, was carefully considered. However, there is an insufficient evidence to support this claim.
2. By law and regulation, members must elect to participate in the RCSBP Plan. The FSM was notified that he was required to elect participation in the RCSBP within 90 days of receipt of his twenty-year letter. The FSM's records do not indicate that he elected to participate in the RCSBP and the applicant has not provided sufficient evidence showing that he elected to participate in the RCSBP. Therefore, there is no basis to grant the applicant's request for RCSBP benefits.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__DED___ _WFC___ _HOF___ 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.
__Hubert O. Fry, Jr._____
CHAIRPERSON
INDEX
CASE ID
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
136.0000
2.
3.
4.
5.
6.
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