IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100019988
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 election to participate in the Reserve Components Survivor Benefit Plan (RC-SBP) be voided.
2. The applicant states he was not counseled on the proper way to complete his election due to the fact that his unit personnel clerk was deployed at the time.
3. The applicant provides copies of his 1995 DD Form 1883, a DARP Form 3856 (Reserve Component Supplemental SBP Election Certificate), and a 30 September 2009 DD Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 21 January 1969 through 15 January 1971; in the inactive Reserves from 16 January 1971 through 1 January 1974, had a break in service from 2 January 1974 through 24 February 1977; and joined the North Carolina Army National Guard (NCARNG) on 25 February 1977. He attained the rank of command sergeant major.
2. Upon notification of his entitlement to retired pay at age 60, the applicant completed a DD Form 1883 (Survivor Benefits Plan Election Certificate), dated 6 July 1995. He elected full spouse only coverage with immediate coverage (Option C).
3. A DARP 3856 shows the applicant marked option 1, declining to elect coverage under Reserve Component Supplemental Survivor Benefits Plan (RC-SSBP.
4. The applicant continued to serve as an active member of the NCARNG including a period of mobilization from 1 October 2004 through 27 March 2005.
5. On 30 September 2009, the applicant submitted a DD Form 2656. In the SBP portion of this form he indicated that he elected not to participate in the SBP and his wife concurred.
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. Once a member elects either Option 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 Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection had the member died prior to age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was not counseled on the proper way to complete his election due to the fact that his unit personnel clerk was deployed at the time.
2. The forms involved are self-explanatory. They lay out the implications of the various options and state that the elections are irrevocable. The fact that the unit clerk was deployed does not absolve the applicant of the responsibility to have sought guidance elsewhere if he did not understand the forms.
3. RC-SBP participants do not make a new election once they turn age 60. Their RC-SBP election rolls over into the standard SBP. Once RC-SBP 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 had the member died prior to age 60.
4. The applicant was covered under RC-SBP in the event of his death from the date of his 1995 election through the date he started to receive his retirement. To allow him to now not elect to pay for that coverage is to grant him that coverage without cost. There is no error or injustice in requiring him to pay for the coverage he has already received.
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) AR20100019988
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ABCMR Record of Proceedings (cont) AR20100019988
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