IN THE CASE OF:	 

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140002164 


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 the FSM's records to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).

2.  She states the FSM was not able to complete the DD Form 1883 (SBP Election Certificate) until 25 February 2001, due to a lack of support and guidance from his unit.

3.  She provides:  

* Self-authored statement
* Memorandum, Subject:  Notification of Eligibility for Retired Pay at Age 60 (20-year letter), dated 25 October 2000
* DD Form 2656-7 (Verification for Survivor Annuity), dated 13 May 2013
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Honorable Discharge Certificate
* DD Form 1883 (SBP Election Certificate), dated 25 February 2001
* Letter, U.S. Army Human Resources Command (HRC), dated 17 June 2013
* State of Pennsylvania Marriage License
* State of Pennsylvania Certificate of Death
* Social Security Card
* Certificate of Birth
* Direct Deposit Sign-Up Form
* Two supporting statements
* Form W-4P (Withholding Certificate for Pension or Annuity Payments)

CONSIDERATION OF EVIDENCE:

1.  On 15 August 1980, the FSM enlisted in the Army National Guard (ARNG). His date of birth is shown as 11 March 1961.

2.  On 4 May 1996, the FSM and the applicant were married.

3.  On 25 October 2000, the FSM's 20-year letter was issued and apparently routed through his unit.  The letter does not mention RCSBP.

4.  There are no records or evidence to show the FSM elected coverage under RCSBP.  However, a DD Form 1883, provided by the applicant, indicated that on 25 February 2001 he applied for RCSBP and elected Option B (Age 60), coverage for spouse only at a full base amount.  Option B states "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 DEATH SHOULD I DIE ON OR AFTER MY 60TH BIRTHDAY."  The form is listed as a "Certified True Copy." 

5.  On 1 March 2001, the FSM was transferred to the Retired Reserve.

6.  On 10 April 2001, the Commander, Company E, 2nd Battalion, 112th Infantry Regiment, Pennsylvania (PAARNG) stated the full-time staff of Company E failed to inform the FSM of the suspense date.  This problem was in no way caused by the FSM nor should he be penalized for this problem.  Once the FSM was given the DD Form 1883, he promptly completed it and it was sent to the "appropriate" office.

7.  The FSM died on 3 May 2013, at the age of 52.  The death certificate lists his marital status as married and lists the applicant as his spouse.

8.  On 17 June 2013, the Chief, Retired Pay Branch, HRC, stated that by law, the FSM had 90 calendar days from the date he received his 20-year letter to submit the DD Form 1883.  If an election was not made within the required 90 days, he would not be entitled to SBP coverage until he applied for retired pay at age 60.  According to their records, the FSM failed to make an election within the required 90 calendar day time frame.


9.  The applicant provided a supporting statement from the PAARNG Readiness Noncommissioned Officer (NCO) who stated the FSM’s retirement packet was the first packet he processed and, unfortunately, he was not aware of the extremely time-sensitive nature of the SBP election.  He offers that he did not provide the paperwork to the FSM in a timely manner, which caused him to miss the 90-day suspense.

10.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.

11.  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 member's 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.  At the time, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else have waited until he/she applied for retired pay and elected to participate in the standard SBP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM was not able to complete the
DD Form 1883 until 25 February 2001 due to a lack of support and guidance from his unit.  The Company Commander and the Readiness NCO support her contention. 

2.  Based on the "Certified True Copy" of the DD Form 1883 provided by the applicant and HRC's letter, it appears the FSM's SBP election form was submitted late.  However, on 10 April 2001, the commander explained that the full-time staff failed to inform the FSM of the suspense date.  It appears the PAARNG failed to inform the FSM that this form was late and instead accepted the form as evidenced by the stamp.  This caused the FSM to responsibly believe he was covered, when in fact he was not.  Had he known, the true state of his affairs, he could have enrolled during the 2005-2006 Open Season.




3.  Based on the foregoing, it would be equitable and just to correct the applicant's records to show the FSM submitted and was approved for RCSBP for spouse only Option B, at a full base amount in a timely fashion.  Accordingly, the applicant will become entitled to an annuity on what would have been the FSM's 60th birthday.

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:

   a.  showing the FSM made a timely election for RCSBP, Option B (Age 60), for spouse only full coverage on 25 November 2000;  

   b.  showing the request was timely received and processed by the appropriate office; and
   
   c.  paying the applicant the RCSBP annuity as a result of the above correction if otherwise eligible at the appropriate time.



      _______ _   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)                                         AR20140002164



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ABCMR Record of Proceedings (cont)                                         AR20140002164



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