BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130005239
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 widow of a deceased former service member (FSM), requests correction of his DD Form 1883 (Survivor Benefit Plan Election Certificate) to show he elected "Spouse only" coverage.
2. The applicant states her husband's intent was to elect full spouse coverage, option C. The DD Form 1883 was completed on 14 December 1999. Her husband elected "Full coverage" and Option C, but he left the type of coverage blank. He also incorrectly listed their daughter's name as his spouse. The applicant was married to the FSM from 13 August 1990 until he passed away on 23 April 2012.
3. The applicant provides:
* Marriage certificate
* Notification of Eligibility for Retired Pay at Age 60, dated 4 November 1999
* DD Form 1883, dated 14 December 1999
* Certificate of Death
* Chronological Statement of Retirement Points, dated 26 April 2012
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the Regular Army, the FSM enlisted in the U.S. Army Reserve (USAR) on 27 September 1985. He served through multiple extensions and attained the rank/grade of sergeant (SGT)/E-5.
2. The applicant and the FSM were married on 18 August 1990.
3. On 4 November 1999, the FSM was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). This letter notified him he had completed the required years of service and he would be eligible for retired pay upon application at age 60. This letter further advised him that he was entitled to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and informed him that he had 90 days to submit a DD Form 1883 to indicate his RCSBP elections.
4. The applicant provides a DD Form 1883 that was completed by the FSM. He indicated he was married, had dependent children, and elected RCSBP coverage, Option C (immediate coverage) based on the full amount. He did not check any of the blocks in item 8 to indicate the type of coverage he desired. This form was signed by the Retiree (FSM) and the spouse (the applicant) on
14 December 1999.
5. Orders, dated 21 August 2000, transferred the FSM to the Retired Reserve, effective 18 August 2000.
6. On 23 April 2012, the FSM died at the age of 50. His Certificate of Death lists the applicant as the informant and spouse.
7. Public Law 95-397, enacted 30 September 1978, provided a way for RC members who qualified for Reserve retirement, but were not yet age 60 and eligible to participate in the SBP, to provide an annuity for their survivors should they die before reaching age 60. Three options were available:
* Option A - elect to decline enrollment and choose at age 60 whether to start SBP participation
* Option 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
* Option C - elect that a beneficiary receive an annuity immediately upon their death if before age 60
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the FSM completed a DD Form 1883 indicating he elected to participate in the RCSBP with full coverage to begin immediately, but he did not complete the item to show the type of coverage he was electing.
2. The applicant was married to the FSM at the time the DD Form 1883 was completed. She signed the form along with the FSM. It is reasonable to presume he intended for her to be the beneficiary of his RCSBP.
3. Therefore, as a matter of equity, the FSM's record should be corrected to show he checked the block in item 8a (spouse only) on the DD Form 1883.
BOARD VOTE:
____x_ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 checked the block in item 8a of the DD Form 1883 to indicate the FSM elected "Spouse only" RCSBP coverage
* showing DFAS officials timely received and processed his election
* paying the applicant the RCSBP annuity retroactive to the day after the FSMs death
__________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) AR20120018205
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ABCMR Record of Proceedings (cont) AR20130005239
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