RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 June 2007
DOCKET NUMBER: AR20060016301
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Mr. Michael Flynn
Member
Mr. Jeffrey Redmann
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 former spouse, a deceased former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to children only coverage.
2. The applicant states, in effect, that the injustice is that the dependent children of the FSM will not receive any survivor benefits upon his death. She contends that the dependent children of a deceased retiree should be automatically covered for survivor benefits when there are no other eligible beneficiaries. She states that she was not aware that their two children would not receive any benefits if the FSM died after their divorce.
3. The applicant provides a DD Form 2656-7 (Verification for Survivor Annuity), dated 4 October 2006; the FSMs 20-Year letter; a death certificate; a DD Form 1883 (Survivor Benefit Plan Election Certificate), date 9 January 2000; a marriage license; a divorce decree; two birth certificates; a DD From
108 (Application for Retired Pay Benefits); the FSMs Army National Guard Retirement Points History Statement; promotion orders; and discharge orders.
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 31 December 1961. He enlisted in the Army National Guard on 9 April 1979. He married on 28 March 1987.
2. The FSMs DD Form 1883, dated 9 January 2000, shows he enrolled in the RCSBP for spouse coverage, full base amount, Option C (immediate coverage). Section II of this form stated, 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.
3. The FSM was honorably discharged from the Army National Guard on 31 July 2000 and assigned to the U.S. Army Reserve Control Group (Retired).
4. The FSM and applicant divorced on 23 September 2005. The available divorce decree does not mention the SBP. The decree does reference and incorporates an Order and Decree, dated 8 May 2003. However, the applicant did not provide this document for review and determination whether it impacted the FSMs SBP elections.
5. The FSM died on 20 August 2006. His death certificate shows he was divorced.
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.
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.
DISCUSSION AND CONCLUSIONS:
1. The FSMs DD Form 1883 shows that he enrolled in the RCSBP for spouse coverage on 9 January 2000. That was an irrevocable election. Therefore, regrettably there is no basis for granting the applicants request.
2. If the Order and Decree, dated 8 May 2003, referenced in the divorce decree contains provisions concerning SBP coverage, such as a requirement that the FSM elect SBP coverage for his children during an Open Season, the applicant may provide this document to the ABCMR with a request for reconsideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
CD_____ __MF__ ____JR____ 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.
___Carmen Duncan_______
CHAIRPERSON
INDEX
CASE ID
AR20060016301
SUFFIX
RECON
DATE BOARDED
20070607
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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