BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130010849 


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 his 1994 Reserve Component Survivor Benefit Plan (RCSBP) election be changed from Option B, spouse only, at the reduced base amount of $300 at age 60 to Option C, spouse only, full and immediate coverage.

2.  The applicant states:

* he made his election for the Survivor Benefit Plan (SBP) in January 1994
* his early election should be reason for amending the original declaration as it was 18 years and 9 months before he actually retired
* besides being confused and unclear about what to do based on the guidance and a short video, the time lapse between the two events created a completely different situation that has influenced his request
* on or about 17 April 2012, he submitted his request to the Defense Finance and Accounting Service (DFAS) based on information he received from his Retired Services Officer (RSO)
* on 3 June 2012, he received a response from DFAS stating he needed to contact the Board with his request
* he retired in 2012 and was advised that he could not change his coverage election
* his first 7 months of retired pay had full SBP payments taken out and he assumed it was correct
* his May 2013 Retiree Account Statement shows DFAS reverted to his original reduced election made in 1994
* he understand he will need to fund the benefit from his retirement date and he is prepared to do so
3.  The applicant provides:

* self-authored statements
* letter from DFAS, dated 21 May 2013
* self-authored letter, undated
* chronological timeline
* DD Form 1883 (SBP Election Certificate), dated 8 January 1994
* 3 Retiree Account Statements

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 13 July 1950.

2.  After having prior periods of honorable service in the Regular Army and U.S. Army Reserve, the applicant was appointed as a warrant officer one in the Army National Guard on 5 April 1991.

3.  On 30 November 1993, he received his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

4.  On 8 January 1994, the applicant elected RCSBP coverage, Option B, spouse only coverage at the reduced amount of $300 at age 60.  

5.  Item 9c on the applicant's DD Form 1883 described the three options. The three options available are also explained on the reverse side of the form, just above the signature blocks:

* Option A – I decline to make an election at this time (I will remain eligible to make an election for coverage at age 60 

* Option B – I elect to provide an annuity beginning on the 60th anniversary of my birth should I die before that date, or on the day after date of date of death should I die on or after my 60th birthday 

* Option C – I elect to provide an immediate annuity beginning on the day after date of my death, whether before or after age 60 

6.  On 30 September 2012, the applicant was honorably discharged and transferred to the Retired Reserve.

7.  The applicant provides self-authored statements, a self-authored letter, a letter from DFAS dated 21 May 2013, a chronological timeline, and:

	a.  a Retiree Account Statement with a statement effective date of 25 March 2013 showing a spouse only SBP cost of $353.47 changed to $370.76 and that he had paid 6 months of his 360 months of paid up RCSBP coverage,

	b.  a Retiree Account Statement with a statement effective date of 10 April 2013 showing a spouse only SBP cost of $353.47 changed to $13.73,

	c.  a Retiree Account Statement with a statement effective date of 16 April 2013 showing a $1,165.57 SBP credit.

8.  Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Component 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.

9.  Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 to 29 February 2000 to allow certain retirees to begin SBP participation or to increase their current level of coverage.  The retiree must have paid monthly premiums starting on the date of enrollment and a 
one-time, lump sum enrollment premium.  Extensive publicity was given in Army Echoes.  

10.  Public Law 106-398, enacted 30 October 2000, required written spousal consent for a Reserve service member to be able to delay making an RCSBP election until age 60.  The law is applicable to cases where 20-year letters have been issued after 1 January 2001.  In other words, failure to elect an option now results in the default election of option C.  

11.  The National Defense Authorization Act for Fiscal Year 2005 and Public Law 108-374, enacted 28 October 2004, established an Open Season to be conducted 1 October 2005 to 30 September 2006.  The retiree must pay monthly premiums starting on the date of enrollment and a buy-in premium covering all the costs that would have been paid for the election if it had been made at the first opportunity to do so.  Extensive publicity was given in Army Echoes.  

DISCUSSION AND CONCLUSIONS:

1.  In connection with receipt of his 20-year letter, the applicant submitted an RCSBP election in January 1994 wherein he elected spouse only coverage at a reduced rate of $300 at age 60.

2.  He now contends, in effect, that if he had known what he knows now he would have made a different election.  RCSBP participants do not make a new election once they turn age 60.  Their RCSBP election rolls over into the standard SBP.

3.  The option to increase his SBP coverage can now only be accomplished during an Open Season.  The last Open Season was a 1-year open enrollment period (October 2005 to September 2006).  It is unknown when the next Open Season will be.

4.  In view of the foregoing, he is not entitled to the 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)                                         AR20130010849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010849



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1