BOARD DATE:	    6 August 2015

		DOCKET NUMBER:  AR20140019865 


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 that he be allowed to enroll in the Reserve Component Survivor Benefit Plan (RCSBP).

2.  The applicant states, in effect, that he never received a 20-Year Letter by certified mail and it was not uploaded to his IPERMS (interactive Personnel Electronic Records Management System) record until 28 June 2008, which was 3 years after it was issued.  He goes on to state that he got married in 2010, 
2 months after he transferred to his new unit.  He prepared to deploy to Afghanistan and return home in 2012.  He was never told that he needed to complete a DD Form 2656-6 (SBP Election Change Certificate) for his wife.  Accordingly, he should be allowed to enroll in RCSBP due to the fact that he was not properly informed of the requirement to make an election in a timely manner.

3.  The applicant provides copies of his divorce decree; marriage license; and a DD Form 2626-6, dated 2 October 2014.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in 1966 and served in the Regular Army from           11 September 1984 to 10 July 1987 when he was honorably released from active duty and was transferred to the U.S. Army Reserve (USAR) to complete his statutory service obligation.

2.  He remained in the USAR through a series of continuous reenlistments and on 10 October 2000 he was granted a divorce from his spouse in Harris County, Texas.

3.  On 28 July 2005, a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) was dispatched from the U.S. Army Human Resources Command in St. Louis, Missouri notifying the applicant that he was eligible for non-regular retired pay at age 60.  He was also provided instructions and appropriate materials for enrollment in the RCSBP and was advised to complete and return the forms within 90 days.  The notification was sent to the same address from which the applicant is applying to the Board.  It appears that the notification was not posted to IPERMS until 29 June 2008.

4.  The applicant was promoted to the pay grade of E-9 on 1 April 2007 and remarried in Harris County, Texas on 17 June 2010.  He deployed to Afghanistan during the period 8 July 2011 to 8 May 2012.

5.  On 26 February 2013, the applicant submitted a DD Form 2656-5 (RCSBP Election Certificate) in which he elected full spouse coverage under option C (immediate coverage).  He indicated that he had no dependent children.

6.  On 2 October 2014, he submitted a second DD Form 2626-6 electing full spouse coverage.

7.  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.  If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity.  A member must make the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elect to participate in the standard SBP.

8.  Title 10, U.S. Code, section 1448(a)(5), provides that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within 1 year after the date on which that person marries or acquires that dependent child.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be enrolled in the RCSBP because he did not receive his 20-year letter by certified mail has been noted and appears to lack merit.  The 20-Year letter was sent to the same address in 2005 as the applicant indicates as his address in his application to this Board.  He has provided no reasonable explanation as to why he failed to apply within the 
90 day requirement.  Further, it does not appear the FSM had eligible dependents at that time as he was divorced and had no children. 

2.  The fact that the 20-Year letter was not posted to his IPERMS until June 2008 appears to be irrelevant due to the fact that he did not apply for RCSBP enrollment in 2008, because he was still unmarried at the time.  Additionally, he remarried in June 2010 and did not apply until 2013, well after the 1-year requirement for enrollment.

3.  While the applicant's position is certainly appreciated, the provisions for enrolling a spouse within 1-year of the marriage are very clear in the laws that govern such enrollment.  The applicant’s failure to enroll his spouse in the RCSBP within 1-year does not constitute an error or injustice on the part of the Army.

4.  Accordingly, there appears to be no basis to grant his request.  

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)                                         AR20140019865



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ABCMR Record of Proceedings (cont)                                         AR20140019865



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