IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20070015723
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records 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, that he was told he would receive an option packet 60 days prior to his 60th birthday. However, he never received it. He further states that he called in February and March 2007 and was told the election packet would be sent in April 2007. In early May 2007, he called again and was told that his orders had been published in April 2007 based on the
2-year old form [DD Form 2656] he had completed. He was then told that he would not receive an election packet. He contends that he was never given the opportunity to make an election for RCSBP coverage for his spouse.
3. The applicant provides copies of his Notification of Eligibility for Retired Pay at Age 60, Chronological Statement of Retirement Points, and his retirement orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's Chronological Statement of Retirement Points shows that he served in the United States Army Reserve as a commissioned officer from
31 May 1970 to 17 June 1994. He attained the rank of lieutenant colonel, pay grade O-5, and had completed 21 years and 18 days of qualifying service for retirement.
2. The applicant's Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 31 December 1993, informed him that he had only 90 days from the date of notification in which to submit his RCSBP election. It further stated that if he did not submit an election within this period of time, he would not be entitled to RCSBP coverage until he applied for retired pay at age 60.
3. On 26 May 2005, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel). He indicated on this form that he had no spouse, dependent children, or eligible dependents for RCSBP coverage.
4. Orders P04-784532, United States Army Human Resources Command, dated 18 April 2007, retired the applicant as a lieutenant colonel, pay grade O-5, and placed him on the Retired List effective 13 May 2007.
5. The applicant was born on 13 May 1947. He became 60 years of age on
13 May 2007.
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. If the member dies before reaching age 60, premiums are deducted from the annuity.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant received his 20-year letter, dated 31 December 1993, providing him a 90-day period in which to submit his RCSBP election. He did not submit an election within this time frame. However, he did submit an SBP election form, dated 26 May 2005, that indicated he did not have qualifying dependents. The Defense Finance and Accounting Service (DFAS) received and accepted this form, even though he was not eligible to submit it at that time.
2. There is no evidence showing that the applicant submitted another SBP election at the time of his application for retired pay. If DFAS had returned his initial election, and informed him again of the provisions stated in his 20-year letter, he probably would have submitted another election in conjunction with his request for retired pay and indicated that he wanted coverage for his spouse.
3. In view of the above, the applicant's records should be corrected to show that he submitted an election for SBP coverage for his spouse in conjunction with his application for retired pay.
BOARD VOTE:
___X____ ___X ___ ___X____ 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 showing that he submitted an SBP election prior to 13 May 2007 for spouse coverage in conjunction with his application for retired pay.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070015723
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ABCMR Record of Proceedings (cont) AR20070015723
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