Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080014824
Original file (20080014824.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  18 December 2008 

		DOCKET NUMBER:  AR20080014824 


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 that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected Option C (Immediate coverage) in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage.

2.  The applicant states that the FSM was not properly counseled concerning his options under the RCSBP and she did not receive any counseling concerning her decision.  She further states the when the FSM prepared his application for retired pay in March 2008 he realized there was an error on his RCSBP election made on 17 March 1998.  She states the FSM made the correct choice for immediate annuity at that time.  She further states that if both she and the FSM had been properly counseled, the original error in 1998 would not have been made.

3.  The applicant provides, in support of her application, copies of the FSM's DD Form 1883 (Survivor Benefit Plan Election Certificate) and his death certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military personnel record shows he enlisted in the Virginia Army National Guard on 29 December 1987 where he served until his transfer to the Retired Reserve.  At the time of his enlistment he had 7 years, 10 months, and 24 days of prior active Federal service and 3 years and 1 day of prior Reserve Component service.
2.  The FSM's 20-year letter notified him that having completed the required years of service; he would be eligible for retired pay upon application at age 60.

3.  The FSM completed a DD Form 1883 on 17 March 1998.  He indicated that he desired spouse only coverage for an annuity based on the full amount of his retired pay.  In item 9c of the DD Form 1883, the FSM elected Option A to defer enrollment and choose at age 60 whether to start SBP participation.

4.  The DD Form 1883 is signed by both the FSM and the applicant.  The FSM had also elected to participate in the Supplemental Survivor Benefit Plan.

5.  On 1 May 1999, the FSM was transferred to the Retired Reserve.

6.  The FSM died on 20 May 2008, 2 months and 19 days prior to his 60th birthday.

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.  If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's RCSBP election made on 17 March 1998 should be changed to show he elected Option C.  The applicant contends that they did not receive proper counseling at the time of his election.

2.  When the FSM completed the DD Form 1883 he indicated that he desired spouse only coverage at the full amount of his retired pay.  He had also completed an additional form electing to participate in the Supplemental Survivor Benefit Plan.  These elections are inconsistent with the entry in item 9c of the DD Form 1883 to defer election until age 60.  Had the FSM truly intended to defer his decision for election of SBP until age 60, the entries in items 8 and 9a should have been left blank.  Therefore, the DD Form 1883 as it is filled out is facially defective.

3.  The SBP counselor should have pointed out the inconsistencies of the FSM's elections on the DD Form 1883, made appropriate corrections, and had the FSM complete a form that clearly showed his intent.  However, the SBP counselor accepted and processed a fundamentally flawed form.  This fact support's the applicant's contention that her husband was not properly counseled regarding RCSBP and that at the time he filed the DD Form 1883 he had believed he had successfully elected immediate coverage for his spouse based on the full amount of his retired pay.

4.  In view of the above, there is sufficient evidence to show the FSM's intent was to elect spouse only coverage for immediate coverage based on the full amount of his retired pay.  Therefore, as a matter of equity, it is appropriate to correct item 9c of the FSM's DD Form 1883, dated 17 March 1998, to show the FSM elected Option C.  Costs for the RCSBP will come out of the applicant's annuity per law.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ___X____  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 the FSM elected Option C for immediate coverage in item 9c of his DD Form 1883, dated 17 March 1998, with the costs of the annuity being deducted from the annuity per law.




      __________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)                                         AR20080014824



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014824



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140011499

    Original file (20140011499.txt) Auto-classification: Denied

    The applicant, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's records to show he elected Reserve Component Survivor Benefit Plan (RCSBP) Option C (immediate coverage) instead of Option A (defer). The applicant requests, in effect, correction of the FSM's records to show he elected RCSBP option C (immediate coverage) instead of option A (defer). The evidence of record shows that the FSM, after receiving his 20-Year Letter, completed a DD...

  • ARMY | BCMR | CY2009 | 20090003096

    Original file (20090003096.txt) Auto-classification: Denied

    The evidence in the FSM's file, and provided by the applicant indicates the FSM was divorced at the time he completed his SBP election form in 1997. In order to provide immediate coverage to the applicant or his nephew the FSM would have had to so indicate on his election form. Unfortunately, the evidence does not support a conclusion that the FSM intended to provide an immediate annuity to an insurable interest under the SBP when he made his SBP election in November 1998.

  • ARMY | BCMR | CY2011 | 20110017403

    Original file (20110017403.txt) Auto-classification: Denied

    The case corrected the military records of an FSM to show the applicant (the FSM's spouse) was entitled to an RCSBP annuity effective the date following the FSM's death. There was no evidence the FSM completed a DD Form 1883 or that the spouse was informed the FSM could participate in the RCSBP. The evidence of record shows the FSM received his Twenty-Year Letter with the accompanying SBP forms in June 2000. a.

  • ARMY | BCMR | CY2007 | 20070005326

    Original file (20070005326.txt) Auto-classification: Denied

    The applicant, as the widow of a deceased former service member (FSM), requests, in effect, that the FSM's records be corrected to show that he completed an RCSBP (Reserve Component Survivor Benefit Plan) election certificate and that she be granted a Survivor Benefit Plan (SBP) annuity. Public Law 95-397, the Reserve Component Survivor Benefit Plan (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...

  • ARMY | BCMR | CY2008 | 20080000967

    Original file (20080000967.txt) Auto-classification: Denied

    On 9 December 1997, an ARPERCEN letter informed the applicant of the FSM's election to decline immediate participation in the RCSBP and of his election to defer his final SBP election until applying for retired pay at age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start RCSBP 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)...

  • ARMY | BCMR | CY2008 | 20080002070

    Original file (20080002070.txt) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 95-397, the Reserve Component Survivor Benefit Plan (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. The evidence of record shows that the FSM completed 20 years, 8 months, and 8 days of qualifying service for retired...

  • ARMY | BCMR | CY2010 | 20100022618

    Original file (20100022618.txt) Auto-classification: Approved

    She and the FSM were married in 1988 and he elected spouse coverage for her within the first year of their marriage. The applicant provides: * the FSM's divorce degree * the FSM's DD Form 1883 (Survivor Benefit Plan Election Certificate) * the applicant and the FSM's marriage license * the FSM's Joint Uniform Military Pay System (JUMPS)-Army Retired/Annuitant Pay Statement effective February 1991 * a letter from DFAS to the FSM, dated 1 February 1991 * the FSM's Retiree Account Statement...

  • ARMY | DRB | CY2005 | 20050008708

    Original file (20050008708.doc) Auto-classification: Denied

    John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides an undated letter from the applicant's mother to the U. S. Army Reserve Personnel Command; a copy of his parents' marriage certificate; the FSM's death certificate; a 13 June 2002 letter from his mother's doctor; the FSM's retirement orders; an Annuity/Survivor Information form dated 27 May 1998; and the FSM's DD Form 1883. The concurrence...

  • ARMY | BCMR | CY2002 | 2002071578C070402

    Original file (2002071578C070402.rtf) Auto-classification: Denied

    The witness was born on 13 October 1988. It appears he negligently failed to obtain any counseling prior to completing the DD Form 1883, resulting in his completing the form with several errors on it. He asked his spouse, the applicant, to sign a blank form; he had a relative, who was a minor, act as witness to the form; and he contradicted his intention to provide for spouse coverage by checking option A.

  • ARMY | BCMR | CY2012 | 20120004993

    Original file (20120004993.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of his records to show he elected Survivor Benefit Plan (SBP) coverage for his spouse and children based on his full retired pay vice a reduced amount. b. SBP Spouse Concurrence Statement, dated 8 September 1999, wherein it stated the FSM elected SBP coverage for spouse and children with a base amount of $462.00, which was less than full retired pay. As a result, the Board recommends that all Department...