Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130006896
Original file (20130006896.txt) Auto-classification: Denied

		

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130006896 


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 entitlement to receipt of Survivor Benefit Plan (SBP) payments.

2.  The applicant states her spouse, a former service member (FSM), passed away after serving over 20 years but prior to reaching age 60.  They had elected to not make a decision on participation in the SBP until the FSM reached age 60.

3.  The applicant provides copies of:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* marriage certificate 
* death certificate
* Army Reserve Personnel Command (ARPC) Form Letter 819 (Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* DD Form 1883 (SBP Election Form)
* DD Form 2656-7 (Verification for Survivor Annuity)
* W-4P (Withholding Certificate for Pension Annuity Payments)
* FMS Form 2231 (Direct Deposit)
* U.S. Army Human Resources Command (HRC) SBP denial letter

CONSIDERATION OF EVIDENCE:

1.  The FSM, an Army Reserve master sergeant with over 25 years of active and inactive service, last served on active duty from 3 March 2003 through 21 January 2005.  He continued to serve in the active Reserve through the date of his death.

2.  He completed 20 years of creditable service toward a Reserve retirement and received a 20-year letter, dated 17 July 2002.

3.  On 7 August 2002, the FSM and the applicant signed a DD Form 1883.  The option selected was option A, to defer a decision until reaching age 60.

4.  The FSM died on 30 January 2008 at age 54.

5.  The applicant applied for SBP benefits on 8 March 2013, approximately the time the FSM would have reach age 60.

6.  On 18 March 2013, HRC notified the applicant that because they had elected not to participate in the Reserve Components (RC) SBP at the time the FSM received his 20-year letter there was no entitlement to receipt of benefits.

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; or
   
   c.  elect that a beneficiary receive an annuity immediately upon their death if before age 60.  

8.  If a member elects Option A, they may elect to participate when they reach age 60.  Election of Option B or C is irrevocable.  

DISCUSSION AND CONCLUSIONS:

1.  There is no provision in law or regulation for making an RCSBP/SBP election except at the initial date of qualification or at attaining age 60.  



2.  The applicant and the FSM declined participation in the RCSBP on 7 August 2002.  

3.  Having made the nonparticipation election, the FSM and his wife were in effect betting that the FSM would live to age 60 in order to again decide whether or not to participate.  Unfortunately, the FSM died prior to reaching age 60.   

4.  The fact that the FSM died prior to reaching the second opportunity to make an election to participate in SBP does not negate the earlier decision not to participate.  Therefore, no relief is warranted.

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)                                         AR20130006896



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006896



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140003941

    Original file (20140003941.txt) Auto-classification: Denied

    20 November 2013, by letter, HRC responded to the applicant and stated by law, the FSM had 90 days from the date he received his 20-year letter to submit DD Form 1883. 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. The FSM's records do not indicate that he elected to participate...

  • ARMY | BCMR | CY2014 | 20140004712

    Original file (20140004712.txt) Auto-classification: Denied

    The applicant provides copies of: * DD Form 214 (Report of Separation from Active Duty) for the period 17 July 1974 to 14 July 1978 * Marriage License for the FSM and applicant, dated 8 July 1989 * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 16 September 1996 * Memorandum, U.S. Army Reserve (USAR) Personnel Command, subject: Expiration Term of Service (ETS), dated 16 May 1998 * U.S. Army Human Resources Command (HRC) Form 249 (Chronological Statement of...

  • ARMY | BCMR | CY2013 | 20130005953

    Original file (20130005953.txt) Auto-classification: Denied

    The applicant, the spouse of a deceased former service member (FSM), requests payment of the Survivor Benefit Plan (SBP) annuity based on the FSM's death. This letter further informed him: By law, you have only 90 calendar days from the date you receive this letter to submit your SBP Election Certificate (DD Form 1883). The FSM's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his 20-year letter.

  • ARMY | BCMR | CY2013 | 20130001440

    Original file (20130001440.txt) Auto-classification: Denied

    This letter further informed him: By law, you have only 90 calendar days from the date you receive this letter to submit your DD Form 1883 (SBP Election Certificate). Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Non-Regular Service), paragraph 2-1a indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a...

  • ARMY | BCMR | CY2013 | 20130022283

    Original file (20130022283 .txt) Auto-classification: Approved

    The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse only coverage. Counsel requests the applicant's eligibility for an RCSBP annuity be established and that she be paid based on the DD Form 1883 (SBP Election Certificate) submitted by the FSM. * the FSM completed 20 of years service and a 20-year letter was sent to him * he...

  • ARMY | BCMR | CY2013 | 20130022283

    Original file (20130022283.txt) Auto-classification: Approved

    The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse only coverage. Counsel requests the applicant's eligibility for an RCSBP annuity be established and that she be paid based on the DD Form 1883 (SBP Election Certificate) submitted by the FSM. * the FSM completed 20 of years service and a 20-year letter was sent to him * he...

  • ARMY | BCMR | CY2015 | 20150001716

    Original file (20150001716.txt) Auto-classification: Denied

    The applicant provided a letter she received from HRC, Reserve Components Retirements - Retired Pay Branch, dated 18 July 2014, which stated: This is in reference to your eligibility for Survivor Benefit annuity based on the military service of the FSM]. Since Reserve Soldiers are not eligible to receive their retired pay until after they have made their application for retirement at the age of 60, when they complete the DD Form 1883, they have the option to elect to participate in the...

  • ARMY | BCMR | CY2013 | 20130013597

    Original file (20130013597.txt) Auto-classification: Denied

    The applicant, the spouse of a deceased former service member (FSM), requests correction of the FSM's records to show he was enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) and she was the beneficiary. However, the letter states, "However, you remain eligible to elect into the standard Survivor Benefit Plan (SBP) upon reaching age 60 and applying for retired pay." The FSM's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his...

  • ARMY | BCMR | CY2013 | 20130011539

    Original file (20130011539.txt) Auto-classification: Approved

    f. An e-mail, dated 3 June 2013, from a Service Retirement Specialist, WIARNG, to the Chief, Retired Pay Branch, HRC, shows the Service Retirement Specialist confirmed the FSM did not receive his 20-year letter until 7 January 2001 and had made his RCSBP election within 90 days of receipt of the letter. In light of the available evidence, it would be appropriate to correct the FSM's record to show his RCSBP election was made and processed in a timely fashion after the issue date of this...

  • ARMY | BCMR | CY2013 | 20130008509

    Original file (20130008509.txt) Auto-classification: Denied

    Three options were available: * elect to decline enrollment and choose at age 60 whether to start SBP participation * 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; or * 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. The evidence of record shows the FSM...