IN THE CASE OF:	

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150000229 


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 his records be corrected to show he elected to enroll his current spouse in the Reserve Component Survivor Benefit Program (RCSBP) within 1 year of marriage. 

2.  The applicant states, in effect:

* he served his country over 20 years, first in the Marine Corps and then in the New Jersey Army National Guard (NJARNG); he is also a Vietnam Veteran
* he received his 20-year letter on 10 February 1993 and he was not married at the time; therefore, he declined RCSBP
* he received no advice regarding the steps he should take in the event he did marry
* prior to his 60th birthday, in 2007, he applied for a non-regular retirement through his unit; once again he declined RCSBP, because he was not married and again he was not told what he should do if, in the future, he got married
* throughout his time in the military, he was never advised of the requirement to make an RCSBP election within 1-year of marriage
* he was married on 22 April 2012 and did not begin the process to apply for RCSBP until he read an Echoes (an Army newsletter for retirees published three times a year), then he became aware that he might have missed the 1-year deadline
* he attempted to communicate with various agencies, to include sending a letter to the Defense Finance and Accounting Service (DFAS), on 8 February 2014
* in July 2014 he contacted Mr. MHP, the Retirement Services Officer at Fort Dix, NJ and he helped him complete the RCSBP application and gather required supporting documents
* Mr. MHP forwarded the completed application with all documents to DFAS; in November 2014 he was notified he should have submitted an application to this Board
* he works as a substitute teacher, but he will not be able to leave a pension for this employment after he dies
* his Army pension is small, but it will help his wife when he is no longer there to provide financial support
* he is distraught over the thought of his wife not being able to benefit from his pension after he passes
* he is grateful for the opportunity to have served in the military and respectfully requests the ability to provide his wife RCSBP

3.  The applicant provides:

* letter, dated 8 February 2014, written to DFAS by the applicant
* certificate of marriage, dated 22 April 2012
* letter, dated 8 June 2007, issued by the U.S. Army Human Resources Command (HRC), addressed to the applicant
* Orders P06-787351, dated 8 June 2007, issued by HRC, showing the applicant was placed on The Retired List on 10 June 2007
* 20-year letter, dated 10 February 1993, issued by the NJARNG
* ARNG Retirement Points History Statement 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in 10 June 1947.  After prior service in the U.S. Marine Corps, the applicant enlisted in the NJARNG on 18 September 1976.

2.  On 10 February 1993, he received his 20-Year Letter, which notified him of his eligibility to receive retired pay at age 60.  It shows two enclosures, one of which detailed information concerning participation in the RCSBP.

3.  A DD Form 1883 (SBP Election Certificate) was signed on 6 April 1993, indicating he was not married and he elected to defer his decision for RCSBP coverage.

4.  A DD Form 2656 (Data for Payment of Retired Personnel), signed on 11 January 2007, shows the applicant elected not to participate in the SBP.  He indicated he did not have eligible dependents.

5.  Orders P06-787351, dated 8 June 2007, issued by HRC, show the applicant was placed on the Retired List on 10 June 2007.

6.  A marriage license and certificate, provided by the applicant, indicates he married his spouse on 22 April 2012.  They remain married.

7.  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.

8.  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.

9.  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 RCSBP, 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 one year after the date on which that person marries or acquires that dependent child.

10.  Open Seasons are periodically authorized by Congress and allow eligible non-participants to enroll in SBP or, if participating, increase their level of participation.

11.  Echoes, an Army bulletin published, and now online, for retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army, routinely contains the guidance, “Remember:  You are responsible for updating your retired pay file information at DFAS-CL, using the London, KY mailing address below, within one year of the event if you marry, remarry, have a child, are widowed or divorced and need to make or update an SBP election.”



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, that his military records be corrected to show he elected RCSBP coverage for his spouse within a year of their marriage.  He contends he was never made aware of the requirement to request RCSBP coverage within 1-year of marriage.

2.  The available evidence shows he elected not to have RCSBP coverage both in 1993 when he received his 20-Year Letter and in 2007 when he retired.  He was not married at the time.

3.  In 2012, when he married, he had a 1-year period in which to submit an RCSBP election to provide coverage for his spouse.  Unfortunately, there is no available evidence showing he attempted to submit an election, or that such an election was received or processed within a year of his marriage.  Further, the primary responsibility for making an inquiry regarding benefits and changes in life status rested with the applicant.  Retirees are responsible for updating their pay information when an event occurs.  

4.  Notice of the requirement to submit changes in SBP elections within 1 year of an event such as marriage is regularly published in the Echoes newsletter.  Additionally, open seasons provide enrollment opportunities for retirees to make changes in their previous elections for SBP.  The applicant is advised to monitor Echoes for announcement of future open seasons which may be authorized by Congress.

5.  Based upon the foregoing, there is insufficient basis upon which to grant the 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)                                         AR20150000229



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ABCMR Record of Proceedings (cont)                                         AR20150000229



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