IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016445
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 a pension for his spouse, Georgette.
2. The applicant states he did not receive survivor benefits.
3. The applicant provides his divorce decree and marriage certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born in April 1958. He will turn 60 years of age in April 2018.
2. Although his marriage certificate is not available for review, other documents confirm he and Kathreen (also spelled as Kathereen) were married on 3 May 1980.
3. He enlisted in the Missouri Army National Guard (MOARNG) on 25 March 1978. He served through multiple extensions in a variety of assignments and he attained the rank/grade of sergeant (SGT)/E-5.
4. On 12 May 1998, the MOARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
5. On 7 June 1998, he completed a DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate). He indicated he was married to Kathreen and indicated he had children but he did not list any. He elected "spouse only" Reserve Component SBP (RCSBP) coverage, Option B (age 60), based on the full amount. His spouse concurred with his election and they both authenticated this form with their signatures.
6. The applicant was discharged from the MOARNG and transferred to the Retired Reserve on 28 February 2001.
7. On 16 May 2001, the applicant and Kathereen were divorced. Their divorce decree does not address the RCSBP.
8. On 25 June 2005, the applicant married Georgette.
9. 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. Three options were available:
* Option A - elect to decline enrollment and choose at age 60 whether to start SBP participation
* Option 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
* Option C - elect that a beneficiary receive an annuity immediately upon their death if before age 60
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.
DISCUSSION AND CONCLUSIONS:
1. By law and regulation, Soldiers who complete 20 or more years of service are issued a 20-year letter that informs them of their retirement eligibility and are offered the opportunity to enroll in the RCSBP. The law in effect at the time required the Soldier to make an election and return the enrollment form within
90 calendar days of receipt.
2. When he received his 20-year letter, the applicant responded within 90 days and made an RCSBP election. He elected "spouse" coverage, Option B, based on the full amount. Option B means he elected to provide an annuity beginning on the 60th anniversary of his birth should he die before that date, or on the day after his death, should he die on or after his 60th birthday.
3. SBP and RCSBP elections are by category, not by name. The applicant already made an election for "spouse" coverage. In the event of death, his widow will be the beneficiary, if otherwise eligible.
4. Because there is no error in his records, there is no reason to make a record correction.
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) AR20140016445
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ABCMR Record of Proceedings (cont) AR20140016445
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