IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20110023378
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, the daughter of a deceased former service member (FSM), requests that the Reserve Component Survivor Benefit Plan (RCSBP) election made by her deceased father be changed to show he elected Option C to provide immediate coverage upon his death.
2. The applicant states, in effect, that her father's death was sudden and changing his RCSBP election would allow him to continue to support her emotionally knowing that it was coming from his service in the Army which makes her proud.
3. The applicant provides:
* her Certificate of Live Birth
* the FSM's Death Certificate
* a letter from the Human Resources Command (HRC), Fort Knox, KY
* a DD Form 2788 (Child Annuitant's School Certification)
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 23 June 1955 and he enlisted in the U.S. Air Force on 29 June 1973. He served on active duty until he was honorably discharged on
28 October 1983. On 5 December 1986, he enlisted in the Georgia Army National Guard (GAARNG).
2. On 8 February 1998, he completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) wherein he made a children only full election under Option B, providing coverage when he turned 60 years of age. He listed the applicant and her twin sister who were born on 24 October 1991 and another daughter who was born on 22 June 1993.
3. The FSM was discharged from the GAARNG on 1 June 1999 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired). He passed away on 7 July 2011 at the age of 56.
4. On 3 November 2011, officials at HRC dispatched a letter to the applicant informing her that because the FSM had elected Option B, an annuity would not be provided until 23 June 2015, the FSM's 60th birthday. She was further advised to apply to the Defense Finance and Accounting Service (DFAS)
60 days prior to that date and to contact the nearest military installation with identification card facilities.
5. The DD Form 2788 provided by the applicant indicates that she is 20+ years of age and she is not a full-time student.
6. 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 eligible family members. Retiring members and
spouses were to be informed of the SBP options and effects. The term "dependent child" means a person who is unmarried; is under 18 years of age or at least 18 but under 22 years of age and pursuing a full-time course of study in a high school, college, or comparable recognized educational institution; is incapable of self-support because of a mental or physical incapacity incurred while still eligible as defined above; or is the child of a person to whom the Plan applies including an adopted child, a step or foster child, or a recognized natural child who lived with that person in a regular parent-child relationship.
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 (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).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's RCSBP election should be changed from Option B to Option C has been noted.
2. The FSM enrolled in the RCSBP under Option B, which was an irrevocable election. There is no evidence to show he was not fully briefed on the effects of his election.
3. The evidence of record also shows the applicant and her twin sister are 20+ years of age and the applicant is not a full-time student. The other sister listed as a beneficiary is currently 18 years of age. It does not appear that the applicant and her twin sister will be eligible to receive the SBP annuity on 23 June 2015 nor would the applicant be eligible now if the Board approved her request.
4. Therefore, since the FSM elected coverage under Option B, which was an irrevocable election, and the applicant has not shown that an error or injustice exists in this case, there appears to be no basis to grant her requested 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) AR20110023378
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ABCMR Record of Proceedings (cont) AR20110023378
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