IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140011499
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, in effect, correction of the FSM's records to show he elected Reserve Component Survivor Benefit Plan (RCSBP) Option C (immediate coverage) instead of Option A (defer).
2. The applicant states the FSM was not properly counseled by his unit on his options pertaining to the Survivor Benefit Plan (SBP) or how it would take care of his spouse in the event of his death.
3. The applicant provides the FSM's:
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
* DD Form 1883 (SBP Election Certificate), dated 17 March 2000
* marriage and death certificates
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* Army National Guard (ARNG) Retirement Points History Statement
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 17 December 1956. He enlisted in the New York ARNG (NYARNG) on 15 January 1980.
2. The FSM and the applicant married on 14 February 1980.
3. On 4 February 2000, the NYARNG issued the FSM a 20-Year Letter. This letter notified him that he had completed the required years of service to be eligible for retired pay at age 60.
4. On 17 March 2000, the FSM completed a DD Form 1883. In Section II (Marital, Dependency, and Election Status) of this form he indicated he was married; however, he did not desire any type of RCSBP coverage at the time.
5. Item 9c of the DD Form 1883 shows he elected to defer RCSBP enrollment by selecting Option A.
6. The DD Form 1883 includes the following statement: "IMPORTANT: The decision you make with respect to participation in this SBP is a permanent irrevocable decision. Please consider your decision and its effect very carefully."
7. The back side of the DD Form 1883 includes an explanation of each option pertaining to the completion of item 9c. The instructions provide the following explanation for Option A: "I DECLINE TO MAKE AN ELECTION AT THIS TIME. (I will remain eligible to make an election for coverage at age 60.)" The explanation section of the DD Form 1883 also includes the following statement in bold letters: "NOTE: If retiree does not elect Option B or C at this time, and should die before age 60, the survivors will not receive benefits under Public Law 95-397."
8. The back side of the DD Form 1883 also includes a section that explains the cost associated with enrollment in the program and the percentage of the service member's retired pay the survivors would receive as an annuity.
9. The FSM, his spouse (the applicant), and a witness authenticated the
DD Form 1883 with their signatures in the appropriate blocks.
10. The FSM was discharged from the ARNG and transferred to the Retired Reserve on 12 September 2001.
11. The FSM died on 28 March 2014, at the age of 57.
12. Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Components Soldiers 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:
a. Option A: elect to decline enrollment and choose at age 60 whether to start SBP participation;
b. Option B: elect that a beneficiary receives an annuity if they die before age 60, but delay payment until the date of the member's 60th birthday; and
c. Option C: elect that a beneficiary receives an annuity immediately upon their death if before age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, correction of the FSM's records to show he elected RCSBP option C (immediate coverage) instead of option A (defer). She contends the FSM was not properly counseled regarding his options pertaining to the SBP.
2. The evidence of record shows that the FSM, after receiving his 20-Year Letter, completed a DD Form 1883 in which he elected, with his spouse's knowledge, to decline RCSBP coverage at the time.
3. The DD Form 1883 clearly and completely explained the available options and requirements of law concerning submission of the FSM's RCSBP election, the cost associated with participation in the program, and the amount of the annuity the survivors would receive. If the FSM did not understand the instructions explicitly stated on the form, he should have sought assistance at that time. Further, there is no evidence showing that any Government official gave him incorrect advice.
4. In view of the foregoing, there insufficient evidence to show an error or an injustice occurred in this case. As a result, there is no basis to grant the applicant's 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) AR20140011499
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011499
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014824
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected Option C (Immediate coverage) in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. The SBP counselor should have pointed out the inconsistencies of the FSM's elections on the DD Form 1883, made appropriate corrections, and had the FSM complete a form that clearly showed his intent. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120005565
The applicant requests correction of the records of her deceased husband, a former service member (FSM), to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). The applicant provides medical records showing the FSM underwent treatment for brain and lung cancer beginning in March 2010. The evidence of record does not support the applicant's request for correction of the FSM's record to show he elected spouse coverage under the RCSBP.
ARMY | BCMR | CY2011 | 20110017403
The case corrected the military records of an FSM to show the applicant (the FSM's spouse) was entitled to an RCSBP annuity effective the date following the FSM's death. There was no evidence the FSM completed a DD Form 1883 or that the spouse was informed the FSM could participate in the RCSBP. The evidence of record shows the FSM received his Twenty-Year Letter with the accompanying SBP forms in June 2000. a.
ARMY | BCMR | CY2008 | 20080002070
The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 95-397, the Reserve Component Survivor Benefit Plan (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. The evidence of record shows that the FSM completed 20 years, 8 months, and 8 days of qualifying service for retired...
ARMY | BCMR | CY2013 | 20130003292
The FSM's records do not indicate that he elected to participate in the RCSBP within 90 days of receiving his 20-year letter. Although the FSM completed a DD Form 1883 on 17 October 2001, this form is not valid since it was not completed within 90 days of his 20-year letter. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the FSM properly elected to participate in the RCSBP, spouse coverage, Option C, full...
ARMY | BCMR | CY2009 | 20090008143
His request for retirement was accepted and he was issued a retired order; however, he died 21 days before reaching age 60. If he did not submit his election within 90 days, he would not be entitled to survivor benefit coverage until he applies for retired pay at age 60. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2012 | 20120018205
The applicant, the widow of a deceased former service member (FSM), requests correction of his records to show: * He timely submitted a DD Form 1883 (Survivor Benefit Plan Election Certificate) * She is entitled to be paid the SBP annuity based on his death in 2002 2. The applicant provides: * Denial letter from the U.S. Army Human Resources Command (HRC), dated 21 August 2012 * DD Form 2656-7 (Verification of Survivor Annuity), dated 28 July 2012 * Marriage license * Certificate of Death *...
ARMY | BCMR | CY2014 | 20140003941
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 | CY2011 | 20110001656
The applicant requests, in effect, that the records of her late husband, a former service member (FSM), be corrected to show he elected Survivor Benefit Plan (SBP) coverage for her at the time of his retirement. The applicant further provided a copy of a letter, dated 30 November 2010, from HRC, Retired Pay Branch, wherein she was advised that a review of her late husband's Reserve Component Survivor Benefit File found that he did not complete a DD Form 1883; therefore, she was ineligible...
ARMY | BCMR | CY2014 | 20140004601
The applicant requests, in effect, the records of her deceased husband, a former service member (FSM), be corrected to show he elected enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) upon receipt of his 20-year letter, and payment of the annuity based on his death. Subsequent to receiving the inquiry, an official at the U.S. Army Human Resources Command notified the applicant that by law, the FSM had 90 days from the date he received his 20-year letter to submit an SBP...