IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110010224
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 changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) within 1 year of marriage to his new spouse.
2. He states:
a. he received improper/erroneous RCSBP counseling during his retirement
processing from the Maine Army National Guard in December 2009;
b. he was improperly informed that he had to wait 1 year to change his
beneficiary after his remarriage on 1 January 2010;
c. the correct information should have been within 1 year of remarriage; and
d. since there is no anticipated Congressionally approved open season, he
requests that the Board provide a written endorsement for approval to elect RCSBP for his new spouse.
3. The applicant provides a/an:
* Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* DD Form 1883 (SBP Election Certificate)
* Statement declining SBP coverage
* RC Supplemental SBP Election Certificate
* Divorce Judgment
* 2010 Certified Transcript of Marriage
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 16 September 1957. His records show with prior enlisted Reserve Component (RC) service he was appointed as a Reserve commissioned officer in December 1979.
2. On 23 December 1999, the Department of Defense, Veterans and Emergency Management, Military Bureau, Headquarters, Marine Army National Guard, provided the applicant his 20-year letter informing him of his eligibility for retired pay at age 60.
3. He submitted an RCSBP (Declines SBP Coverage) statement, dated 14 April 2000, which shows his spouse concurred with his choice to decline SBP coverage.
4. He submitted an ARPC Form 3854 (RC Supplemental SBP Election Certificate), dated 22 June 2000, which shows he elected to decline coverage under the RCSBP.
5. He submitted a DD Form 1883, dated 19 October 2000, which shows he was married but he elected not to participate in the RCSBP, full base amount, "Option A (Defer)." Item 9c shows his spouse concurred with his election.
6. He submitted a copy of his Divorce Judgment, dated 4 September 2009, which states in paragraph 6b (ii) that the plaintiff (the applicant) and the defendant each owned a military retirement pension and they were set aside to the party in whose name they appear to be their sole and exclusive property. The plaintiff relinquished any claim to the defendant's military retirement and the defendant relinquished any claim to the plaintiff's military retirement.
7. He was separated from the Army National Guard and transferred to the U.S. Army Reserve Control Group (Retired), effective 31 December 2009, after completing 20 or more years of Reserve service.
8. He remarried on 1 January 2010.
9. He did not submit any evidence and his record is void of any evidence that shows he attempted to change his RCSBP election within 1 year of remarriage.
10. 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 was married when he completed his DD Form 1883 in October 1999 but elected Option A, declining to elect RCSBP at the time, opting to make an election for coverage at age 60. He was divorced on 4 September 2009.
2. He remarried on 1 January 2010 and stated that he attempted to change his election to add his current wife but, he was misinformed and told he had to wait
1 year before he could enroll in the RCSBP.
3. His record is void of any evidence and he did not submit any evidence that shows he attempted to change his election to add his current spouse during his first year of marriage. However, he previously elected Option A, declining to elect RCSBP and opting to make an election for coverage at age 60. Therefore, due to the applicant deferring his RCSBP/SBP election until the age of 60, he will have to wait to elect coverage, or wait until an open season before enrolling in the RCSBP.
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) AR20110010224
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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