RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 March 2006
      DOCKET NUMBER:  AR20050015388


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that she be determined to be entitled to the
Survivor Benefit Plan (SBP) as a "forgotten widow" based upon the service
of her deceased spouse, a former service member (FSM).

2.  The applicant makes no additional statement.

3.  The applicant provides a memorandum dated 13 August 2004; three NGB
Forms 22 (Report of Separation and Record of Service); the FSM's
notification of eligibility for retired pay at age 60 (his 20-year letter);
a delayed certificate of birth; two NGB Forms 23 (Retirement Credits
Record); a DD Form 214 (Report of Separation from the Armed Forces of the
United States); a WD AGO Form 53-55 (Enlisted Record and Report of
Separation); the FSM's death certificate; their marriage certificate; and a
DD Form 1172 (Application for Uniformed Services Identification Card DEERS
Enrollment).

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 28 November 1914.  After having had prior enlisted
service, he was appointed a warrant officer in the Army National Guard on 6
July 1950.

2.  The FSM's 20-year letter is dated 10 January 1968.

3.  The FSM died on 2 April 1973 prior to reaching age 60.  He was still a
member of the Army National Guard at the time of his death.

4.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The
SBP provided that military members on active duty could elect to have their
retired pay reduced to provide for an annuity after death to surviving
dependents.

5.  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.

6.  Public Law 105-85, enacted 18 November 1997, provided for an SBP
annuity to be paid to the qualified surviving spouse of each member of the
uniformed services who:

      (A)  died before 21 March 1974 and was entitled to retired pay on the
date of death; or

      (B)  was a member of a reserve component during the period beginning
21 September 1972 and ending on 1 October 1978, and at the time of death
would have been entitled to retired pay but for the fact he or she was
under       60 years of age.  The surviving spouse must not have remarried
or otherwise be entitled to SBP or Dependency and Indemnity Compensation.
Annuities under this section would be paid for months beginning after the
month in which the law was enacted.  The authority to pay annuities under
this section was to expire on 30 September 2001.

7.  Public Law 106-65, enacted 5 October 1999, amended Public Law 105-85.
It extended coverage under that law to surviving spouses of all "gray-area"
retirees and repealed the expiration authority.  The amendment as pertains
to payment of annuities to surviving spouses of "gray-area" retirees was
effective 1 October 1999.

8.  Title 31, U. S. Code, section 3702, also known as the barring statute,
prohibits the payment of a claim against the Government unless the claim
has been received by the Comptroller General within 6 years after the claim
accrues.  Among the important public policy considerations behind statutes
of limitations, including the 6-year limitation for filing claims contained
in this section of Title 31, U. S. Code, is relieving the government of the
need to retain, access, and review old records for the purpose of settling
stale claims, which are often difficult to prove or disprove.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the eligibility criteria to apply for the SBP as a
"forgotten widow" when the original law was passed in November 1997.
However, due to the barring statute it is too late for a normal application
to entitle the applicant to retroactive payments beyond six years.

2.  It would be equitable, however, to correct the records to show the
applicant applied for the SBP as a "forgotten widow" in November 1997.
That would enable her to receive retroactive payments to 1 December 1997,
the earliest date provided for by law.

BOARD VOTE:

__jbg___  __sap___  __rgs___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 she applied for the SBP as a "forgotten widow" in November 1997 and
that she be paid the SBP, provided she otherwise meets the eligibility
criteria, retroactive to 1 December 1997.




                                  __James B. Gunlicks___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015388                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]