IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080014159
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 military records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage.
2. The applicant states that he wants to add his spouse to his SBP so she will receive his pension in the event of his death. He contends that he has always listed his spouse as beneficiary in all transactions and that he was sure that he filled out the same for his Army National Guard pension. He points out that he has been married for 34 years and his wife has supported his decision to serve in the Army National Guard.
3. The applicant provides a DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate) and a marriage certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 2 January 1952. He married on 1 June 1974. Having prior Reserve Component service, the applicant enlisted in Army National Guard on 18 August 1979.
2. On 27 September 1992, the applicant received his notification of eligibility for retired pay at age 60 (his 20-year letter). This letter indicates that SBP information was an enclosure to the letter. The Pennsylvania Army National Guard has no record of the applicant having submitted an election.
3. On 15 May 2008, the applicant was honorably discharged from the Army National Guard for being medically unfit for retention and transferred to the Retired Reserve.
4. 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.
5. 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. Before the law was amended in October 2000, 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 applies for retired pay and elect to participate in the standard SBP. In other words, failure to elect an option resulted in the default election of option A, decline enrollment and choose at age 60 whether to start SBP participation.
DISCUSSION AND CONCLUSIONS:
It appears the applicant did not make an RCSBP election in 1992. His options are to enroll during the next Open Season or upon reaching age 60, whichever comes sooner. Regrettably, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ____x____ 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.
_________xxx_____________
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) AR20080014159
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014159
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY1997 | 9707036
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 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. The Retirement Services Office recommended that the applicant’s SBP be changed to “spouse and child” request be approved, retroactive to 13 September 1994, the date of the applicant’s divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY1997 | 9707036C070209
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 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. The Retirement Services Office recommended that the applicants SBP be changed to spouse and child request be approved, retroactive to 13 September 1994, the date of the applicants divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY2009 | 20090019831
The applicant requests, in effect, that the records of her late husband, a deceased former service member (FSM), be corrected to show he elected immediate annuity Reserve Component Survivors Benefit Plan (RCSBP) coverage. The applicant was the FSM's wife for 27 years. Unfortunately, at the time the FSM was issued his 20-year letter, the law stated that if a Reservist failed to make an election within 90 days of being issued a 20-year letter, the SBP election defaulted to option A, to...
ARMY | BCMR | CY2003 | 2003087361C070212
The applicant requests that she be determined to be entitled to a Survivor Benefit Plan (SBP) annuity based on the election of her deceased spouse, a former service member (FSM), and her timely application for the annuity. The applicant states the FSM elected coverage under the Reserve Component SBP (RCSBP) when it was first established. It would be equitable to correct the records to show the FSM completed a DD Form 1883 electing spouse coverage, full base amount, option C and that the...
ARMY | BCMR | CY1997 | 9710842
On 17 September 1987, the Army National Guard Bureau sent notification to the FSM that on 12 September 1985 he had met the eligibility for retired pay at age 60.4. It was recommended that the FSM’s records be changed to reflect that on 12 September 1985 he made a RCSBP election of “spouse, option B, full base amount”. That all of the Department of the Army records related to this case be corrected by showing that the FSM received his letter of notification of 20 years qualifying service on...
ARMY | BCMR | CY2009 | 20090004444
The applicant requests, in effect, that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse and children coverage. The applicant states, in effect, that when he applied for retirement on 18 June 2008 he enrolled in the SBP only after being assured that he could opt out of this program at any time by submitting a DD Form 2656-2 (Survivor Benefit Plan Termination Request). In support of his claim, the applicant provided a DD Form 2656, dated 18...
ARMY | BCMR | CY2006 | 20060011215
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 only coverage. This letter states that the FSM received his 20-year letter on 22 June 1997 and that he did not make a selection for the SBP (DD Form 1883) because the FSM and his spouse were not counseled on their SBP options. Although the applicant contends that the FSM...
ARMY | BCMR | CY2005 | 20050016383C070206
Rea Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. However, since the FSM continued to pay SBP spouse premiums after their divorce and he was not married at the time of his death, it appears that it was the FSM's intention to provide the SBP annuity to the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM made a...
ARMY | BCMR | CY2010 | 20100000361
The applicant provides copies of their marriage certificate; the FSM's death certificate; the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); the FSM's Notification of Eligibility for Retired Pay at Age 60; the FSM's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points); and a memorandum, dated 21 April 2009. There is no evidence in the FSM's military personnel records that shows he submitted an application to...
ARMY | BCMR | CY2014 | 20140009043
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He completed prior service in the Regular Army and married L____ on 27 March 1987. The applicant provided a Complaint for Absolute Divorce that was filed on 15 July 2003; however, his service record is void of evidence and he has not provided any evidence which shows he was granted a final divorce by the court.