IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140019021
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
12. On 30 October 2014, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130017878, dated 8 July 2014.
13. The new evidence consists of a letter from the applicant indicating the FSM elected Option B (Age 60) (for a beneficiary to receive an annuity if the member dies before age 60, but delay payment until the date of the member's 60th birthday) for the SBP, not Option C (Immediate Coverage) (for a beneficiary to receive an annuity immediately upon the member's death if before age 60).
ADDITIONAL DISCUSSION AND CONCLUSIONS:
3. At the time of the ABCMR decision in Docket Number AR20130017878, dated 8 July 2013, it was the intent of the Board to make the FSM's records as administratively correct as they should have been at the proper time.
4. The ABCMR's decision in Docket Number AR20130017878 shows the Board recommended paying the SBP annuity to the FSM's spouse retroactive to 30 April 2005, the day after his death, which would be immediate coverage under Option C.
5. Since the FSM's DD Form 1883 shows he enrolled in the SBP and elected spouse coverage, full amount, Option B (Age 60), the recommendation should have stated the SBP annuity be paid to the FSM's spouse retroactive to 26 October 2013, the day he would have turned age 60.
BOARD VOTE:
____X____ ____X__ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. The Board determined the evidence presented is sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number
AR20130017878, dated 8 July 2014, by amending the Recommendation to read:
1. 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 showing the FSM's DD Form 1883 for spouse coverage was timely received and processed by the appropriate offices and by paying the SBP annuity to his spouse retroactive to 26 October 2013, the day he would have turned age 60.
_______ _ _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) AR20140019021
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20140019021
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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The applicant, the widow of a deceased former service member (FSM), requests correction of his records to show a DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate) was filed in a timely manner. She received a letter in March 2013 from HRC informing her the FSM did not submit the DD Form 1883 within 90 days of the 20-year letter and she was not eligible to receive the SBP. The applicant provides: * FSM's death certificate * Certificate of marriage * FSM's chronological...
ARMY | BCMR | CY2013 | 20130004008
The applicant states: * the FSM enrolled in the RCSBP with option C upon receipt of his 20-year letter * his 20-year retirement date was 10 February 1995, but he continued to drill until 11 September 1995 * it is possible he received his 20-year letter between 90-120 days after February 1995 * his 20-year letter is dated 23 May 1995 * maybe the 20-year letter was received in June 1995 which would explain the submission of his RCSBP election on 17 September 1995 3. The applicant provides a...
ARMY | BCMR | CY2010 | 20100008432
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. The evidence of record shows the FSM elected to participate in the RCSBP for spouse only in 1987 when he was married to the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2013 | 20130008509
Three options were available: * elect to decline enrollment and choose at age 60 whether to start SBP participation * 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; or * elect that a beneficiary receive an annuity immediately upon their death if before age 60 Once a member elects either option B or C in any category of coverage, that election is irrevocable. The evidence of record shows the FSM...
ARMY | BCMR | CY2015 | 20150001874
The applicant states: * it was the intent of her husband that she receive an annuity based on his election on the DD Form 1883 (SBP Election Certificate) he completed in November 1989 * the FSM died on 25 May 2005 and she was under the impression that she would need to wait until she was 65, just like Medicare and social security, to apply for the SBP * she did not know nor was she informed by the Alabama Army National Guard (ALARNG) that she should have applied for the annuity at the time...
ARMY | BCMR | CY2013 | 20130011212
Application for correction of military records (with supporting documents provided, if any). 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 eligible to participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by showing he submitted his DD Form...
ARMY | BCMR | CY2013 | 20130017536
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. The applicant contends that the FSM's records should be corrected to show his SBP election was changed from spouse to former spouse coverage because the divorce judgment required the FSM to maintain SBP with former spouse coverage for the applicant. There is no evidence that the applicant notified...
ARMY | BCMR | CY2013 | 20130017536
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. The applicant contends that the FSM's records should be corrected to show his SBP election was changed from spouse to former spouse coverage because the divorce judgment required the FSM to maintain SBP with former spouse coverage for the applicant. There is no evidence that the applicant notified...
ARMY | BCMR | CY2013 | 20130009928
The denial letter states: * by law, the FSM had 90 calendar days from the date he received his 20-year letter to submit a DD Form 1883 * according to HRC records, the FSM made an election, but the election made was past the 90-day time frame * the applicant is not entitled to a survivor benefits annuity 7. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who qualified for Reserve retirement but were not yet age 60 to provide an annuity for their survivors...
ARMY | BCMR | CY2014 | 20140005677
IN THE CASE OF: BOARD DATE: 18 November 2014 DOCKET NUMBER: AR20140005677 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The FSM's DD Form 1883, dated 7 November 2001, shows he elected Reserve Component SBP (RCSBP) Option A (Defer) and declined to make an election at that time, but he would remain eligible to make an election for coverage at age 60. The DD Form 1883 shows both the FSM and the applicant signed on 6 November 2001.