DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4647-01
27 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): Bea Or Na i> SC UN aneR ARR
Ref: (a) Title 10 U.8.c.. 1552
Encl: (1) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, the
widow of a deceased enlisted member of the United States Naval
Reserve filed an application with this Board requesting that her
late husband's record be corrected to show that he was eligible
for retired pay at age 60 and made an election under the Reserve
Component Survivor Benefit Plan (RCSBP).
2. The Board, consisting of Mr. Mazza, Mr. Harrison and Ms.
Hare, reviewed Petitioner's allegations of error and injustice on
26 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application was filed in a timely manner.
c. Subject was released after five years of active duty on
23 May 1984. He remained in the Individual Ready Reserve until
he was honorably discharged on 11 April 1985 at the end of his
military obligation. He enlisted in the Naval Reserve on 8 March
1986 and then earned 14 consecutive qualifying years for reserve
retirement, and at the end of his anniversary year on 7 March
2000, he was credited with 19 years of qualifying service. In
the next anniversary year he earned 35 points for drills and has
been credited with 11 membership points for a total of 46
retirement points. He died on 2 December 2000. Therefore, as of
the date of his death, he was credited with 19 years, 8 months
and 25 days of qualifying service for reserve retirement.
d. The Board is aware that if Subject had qualified for
reserve retirement he would have been given an opportunity to
make an election under the RCSBP.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes Subject's five years of active duty and
14 plus consecutive qualifying years for reserve retirement. In
addition he already had sufficient points in his last year to
earn another qualifying year, if he had lived until the end of
his anniversary year on 7 March 2001. Given the circumstances,
the Board concludes that the record should be corrected to show
entitlement for retired pay at age 60 and the RCSBP.
Therefore, the record should be corrected by moving sufficient
retirement points from the excess over 50 in subsequent
anniversary years to make the partial year from 24 May 1984 to 11
April 1985 qualifying for reserve retirement. With this
correction Subject's record will show over 20 years of qualifying
service. The record should be further corrected to show that he
transferred to the retired Reserve on 1 December 2000, the day
before his death.
Since Subject had been married for over 15 years and had three
children, the Board concludes that he would have made an election
under the provisions of the RCSBP designating his wife as
beneficiary with an immediate annuity based on the full amount of
his retired pay. Whether or not the children would have been
included in the beneficiary determination cannot be determined by
the Board and given the greater cost for this coverage, this
decision should be left to Subject's widow.
The Board further concludes that this Report of Proceedings
should be filed in Subject's naval record so that all future
reviewers will understand his status in the Retired Reserve.
RECOMMENDATION:
a. That Subject's naval record be corrected by transferring
sufficient points from the excess over 50 points in subsequent
anniversary years to make the partial anniversary year ending on
11 April 1985 qualifying for reserve retirement.
b. That Subject's naval record be further corrected to show that
he transferred to the Retired Reserve on 1 December 2000 in the
rate of SW1l with eligibility for retired pay at age 60.
c. That Subject's naval record be further corrected to show that
on 1 December 2000 he made an election for an immediate annuity
for spouse only under the provisions of the RCSBP based on the
full amount of his retired pay. The widow can add the children
as beneficiaries if she decides to do so after evaluating the
cost of such coverage.
d. That this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
“ Reusk D, (oh
For_sW. DEAN PFEIFFER
Executive Director
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