BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006376
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, in effect, correction of her records to show she did not elect coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
2. The applicant states she was improperly counseled regarding the cost of coverage and she cannot afford the payment as she is not yet receiving retired pay.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 January 1992, after having prior Reserve Component and active Federal service, the applicant enlisted in the Army National Guard. She was issued her 20-Year Letter on 17 March 1998.
3. She signed a DD Form 1883 (Survivor Benefit Plan Election Certificate) on 16 April 1998 at the age of 41, wherein she elected full children-only coverage under option C (immediate coverage). At the time of her election her daughter was 8 years old. The back page of the DD Form 1883 explained the general costs for child only coverage.
4. She was discharged from the Puerto Rico Army National Guard on 17 October 2013 after 36 years, 6 months, and 22 days of total service for retired pay and transferred to the Retired Reserve.
5. 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 dependents.
6. 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, and (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). Once a member elects either options B or C in any category of coverage, that election is irrevocable. Option B and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in RCSBP it automatically converts to SBP coverage. If RCSBP option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member die prior to age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her military records should be corrected to show she declined SBP coverage for her dependent child.
2. The available evidence shows she made a valid election after she received her 20-Year Letter to provide full coverage, option C, for her dependent child. There is no evidence that indicates she was improperly counseled regarding the costs associated with RCSBP option B or C, and the costs were explained on the back page of the DD Form 1883.
3. Once a member elects option C in any category of coverage, that election is irrevocable. Option C RCSBP participants do not make a new SBP election at age 60 and they cannot cancel SBP participation or change the option they had in RCSBP. Further, they do not pay for RCSBP coverage until they start to receive retired pay.
4. In view of the above, the applicant's request for correction of her records to reflect declination of RCSBP should be denied.
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 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) AR20140006376
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ABCMR Record of Proceedings (cont) AR20140006376
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