SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 January 2008
DOCKET NUMBER: AR20070013623
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. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated 21 December 2006 affirmed. The following additional findings, conclusions, and recommendations were adopted by the Board.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 21 December 2006,
Mr. Frank C. Jones
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Michael J. Flynn
Member
The Board considered the following additional evidence:
Exhibit C (show the identifying data for the original Record of Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
5. On 31 August 2007, new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006305 dated 21 December 2006.
6. The evidence submitted consists of DFAS confirming that the retired pay of the former service member (FSM) was not $1,017.00, as listed on the DD Form 1883 (Survivor Benefit Plan Election Certificate) prepared by the FSM on 3 December 1997. His retired pay at that time would have been $273.00. DFAS stated the FSM may have been confused and listed his active duty pay instead, which would have been very close to the $1,017.00 listed.
7. DFAS noted that a member cannot elect a Survivor Benefit Plan (SBP) base amount greater than the gross amount of his or her retired pay nor elect a base amount less than $300.00.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR20060006305 dated 21 December 2006 it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
6. The ABCMR's decision in Docket Number AR20060006305 erroneously corrected the FSMs records to show he elected to participate in the Reserve Component SBP (RCSBP) in an amount not allowed by law.
7. Based on the new information provided by DFAS, the FSMs records should have been corrected to show he elected to participate in the RCSBP for full base amount (with no dollar amount listed).
BOARD VOTE:
__fcj___ __lmd___ __mjf___ 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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20060006305 dated 21 December 2006 to:
a. show the FSM completed his DD Form 1883 within 90 days of his receiving his 20-year letter and elected to participate in the RCSBP for spouse and child coverage, full base amount, option C; and
b. paying to the applicant the RCSBP annuity retroactive to the date of the FSMs death.
__Frank C. Jones______
CHAIRPERSON
INDEX
CASE ID
AR20070013623
SUFFIX
RECON
DATE BOARDED
20080108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
137.00
2.
3.
4.
5.
6.
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