RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 December 2007
DOCKET NUMBER: AR20070007875
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean Turnbull
Analyst
The following members, a quorum, were present:
Mr. William Powers
Chairperson
Mr. Michael Flynn
Member
Ms. Sherry Stone
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 coverage.
2. The applicant states, in effect, when the FSM completed the original DD form 1883 (Survivor Benefit Plan Election Certificate) on 20 February 1998 he was single and he declined to make an election at that time. The FSM was led to believe that his option was irrevocable and could not be changed until he reached age 60. On 11 March 2000 the FSM got married; however, he did not complete his DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate) until two years after his marriage.
3. The applicant provides a copy of a DD Form 1883, DD Form 2656-6, NGB Form 22 (Report of Separation and Record of Service) with Separation Orders
311-833 dated 7 November 2001, a letter from U.S. Army Human Resources Command (USAHRC) dated 21 December 2006, a letter from her Attorney at Law dated 25 May 2007, and her spouse's death certificate and marriage certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM was appointed as a Warrant Officer One in the Texas Army National Guard on 23 November 1992. His date of birth is 8 September 1953. The FSM's NGB Form 22 shows that he had 12 years, 8 months, and 27 days of prior reserve service; 3 years, 11 months, and 5 days of prior active service; and
8 years, 10 months, and 9 days of Net Service This Period.
2. The FSM's notification of eligibility for retired pay at age 60 (known as his
20-year letter) is dated 11 January 1998.
3. On 20 February 1998, the FSM completed a DD Form 1883. The FSM (single at the time) elected no coverage and elected Option A (elect to decline enrollment and choose at age 60 whether to start SBP participation).
4. The FSM was discharged from the Texas Army National Guard and transferred to the Retired Reserve effective on 1 October 2001.
5. The FSM died on 27 November 2005 at age 52.
6. The letter from USAHRC shows that the FSM's spouse submitted an inquiry concerning eligibility for SBP annuity but she was not eligible for the annuity, because the FSM did not submit his SBP election change within one year after marriage.
7. Army Echoes is an Army Bulletin for the Army Retiree published three times a
year and mailed to Army retirees to keep them abreast of their rights and
privileges and to inform them of developments in the Army. These Bulletins
consistently contain a reminder to retirees that they are responsible for
updating their accounts within one year of marriage, remarriage, divorce or
upon the death of a spouse and that they may need to make or update an SBP
election. Periodically, these Bulletins contain articles explaining the SBP
and the importance of keeping accounts up to date.
8. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP, but who later marries or acquires a dependent child, may elect to participate in the SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.
DISCUSSION AND CONCLUSIONS:
1. The FSM's election on the DD Form 1883 clearly shows it was his intention to delay his decision to participate in the RCSBP until he reached age 60.
2. The spouse contends that the FSM was led to believe his option was irrevocable and could not be changed until he reached age 60. However, the evidence shows that the FSM made an SBP election change with the intent to provide an annuity for his spouse but it was after the one year time frame of his date of Marriage.
3. In addition, issues of Army Echoes consistently contain a reminder to retirees that they are responsible for updating their accounts within one year of marriage,
remarriage, divorced, or upon the death of a spouse that they may need to make or update a SBP election.
4. Regrettably, there is insufficient evidence which would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___WP__ __MF ___ __SS ___ 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.
_____William Powers_______
CHAIRPERSON
INDEX
CASE ID
AR20070007875
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071211
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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