BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090005935 


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 his Survivor Benefit Plan (SBP) coverage be stopped.

2.  The applicant states the SBP program was not clearly explained to him and that he would like to stop the SBP coverage because a certain percentage is being withheld.  He is on disability and needs the money now.  

3.  The applicant did not provide any additional documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he was born on 22 February 1949 and enlisted in the Regular Army for a period of 3 years on 8 July 1968.  He was trained in and held military occupational specialty (MOS) 71F (Postal Clerk).  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 7 July 1971.

2.  The applicant’s records also show he enlisted in the USAR on 19 January 1975.  He also executed a 3 year reenlistment in the USAR on 19 January 1977 and a 1-year extension on 2 December 1979.  He was honorably discharged from the USAR on 13 December 1981.

3.  On 14 December 1981, the applicant executed a 1-year enlistment in the Alabama Army National Guard (ALARNG).  He subsequently executed a series of extensions in the ALARNG.

4.  On 24 September 1988, the applicant married his spouse, Dxxxx.

5.  On 28 August 1992, the Office of the Adjutant General, ALARNG, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  This letter notified the applicant that he had completed the required years of service and would be eligible for retired pay upon application at age 60.  This letter also notified the applicant that he was entitled to participate in the Reserve Component SBP (RCSBP) and that by law, he had only 90 calendar days from the date he received this letter to submit his election certificate.

6.  On 18 September 1992, the applicant completed a DD Form 1883 (Survivor Benefit Plan Election Certificate).  He indicated that he was married to Dxxxx and had three dependent children.  He further elected spouse, full coverage, Option C, immediate coverage.  His spouse, Dxxxx, concurred with his decision and they both authenticated this form by placing their signatures in the appropriate blocks.

7.  On 26 January 1993, the Office of the Adjutant General, ALARNG, published Orders 026-295, reassigning the applicant to the Retired Reserve, effective 13 January 1993.  

8.  On 22 February 2009, the applicant turned 60 and was placed on the retired list.

9.  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.  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 does not occur before age 60, the RCSBP costs for options B and C are deducted from the member’s retired pay (costs for option C being the more expensive).  Once a member elects either Options B or C in any category of coverage, that election is irrevocable.  Option B and C participants do not make a new SBP election at age 60.  They cannot cancel SBP participation or change options they had in RCSBP – it automatically rolls into SBP coverage.  If RCSBP Option B or C is elected, there is a Reserve Component premium add-on to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.

10.  Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  Reservists who elected an option under the RCSBP will continue to have the Reserve Premium add-on deducted from their retired pay.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that within 90 days of receipt of his 20-year letter, the applicant elected to participate in the RCSBP, full spouse coverage.  His spouse concurred with that decision in writing.  By law, Option B and C participants do not make a new SBP election at age 60.  They cannot cancel SBP participation or change options they had in RCSBP – it automatically rolls into SBP coverage.  Additionally, if RCSBP Option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.

2.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started to withdraw from SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  If the applicant elects to terminate his SBP participation at that time, he is advised that despite his action, the Reserve Component premium add-on will be deducted from his retired pay for life.  This deduction is the cost of the SBP coverage or protection the applicant's spouse enjoyed from the date the applicant made an election.

3.  There is no evidence that the applicant was not counseled properly at the time he made his election.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.   Therefore, he is not entitled to relief.






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.




      _______ _   _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)                                         AR20090005935



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ABCMR Record of Proceedings (cont)                                         AR20090005935



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