DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

     

~— TRG
Docket No: 250-07
3 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVA] RECORD OF
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary

(2) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, the
widow of a former enlisted member in the Naval Reserve, filed an
application with this Board requesting, in effect, that her late
husband's (Subject's) naval record be corrected to show that he
was eligible for reserve retirement and that he elected spousal
coverage under the Reserve Component Survivor Benefit Plan

(RCSBP).

  
 

 
  

> Board, consisting of Mr. aS: Ms. hacia and Ms.
; Mie reviewed Petitioner's allegations of error and

injustice on 19 June 2007 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

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 ina timely manner.

c. Subject enlisted in the Delayed Entry Program (DEP) of
the Navy Reserve on 26 January 1987. Service in the DEP cannot

be used for longevity purposes.

d. Subject's enlistment contract shows that he enlisted in
the Regular Navy on 3 March 1997. However, the first DD Form 214
shows active service from 23 March 1997, which would be

consistent with a Regular Navy enlistment on this date.
Subject's anniversary years should have been established as

beginning on the date of enlistment in the Regular Navy. The
Navy Personnel Command's statement of service indicates that the
anniversary year begins on 22 March 1987. This 19 day

discrepancy does not have any impact on any future correction to
the length of service.

e. Petitioner then served continuously in the Navy and

Navy Reserve for more than 19 years. During his service, he was
advanced to master chief petty officer (MACM; E-9).

f. Subject performed periods of extended active duty from
21 September 2001 to 20 June 2002 and from 15 August 2005 to 29
July 2006 and received outstanding performance evaluations.
During his career he was awarded three Navy and Marine Corps

Commendation Medals and several Navy and Marine Corps Achievement
Medals.

g- On 6 November 2006, Subject was killed in an automobile
accident. As of the date of his death, he had accumulated 19
years, 7 months and 15 days of continuous qualifying service for
reserve retirement. He was credited with 205 retirement points
in his last partial anniversary year and had to live until March
2007 in order to be eligible for retirement.

h. A Navy Reservist cannot make an RCSBP election until he
or she completes 20 years of qualifying service for reserve
retirement. The RCSBP election form is provided when the
Notification of Eligibility for Retired Pay at Age 60 is sent to
the reservist. Since Subject did not have 20 years of qualifying
service, he had no opportunity to make an RCSBP election.

i. Petitioner has submitted a statement in which she states
that she had discussed a RCSPB election with Subject, and they
had agreed that an election would be made. A retired reservist
and friend of the deceased member has stated that he advised
Subject on Serviceman's Group Life Insurance and RCSPB issues and
was convinced that Subject would have made an RCSB election.

j. The RCSBP allows for the election of one of three
options. Option A defers the RCSBP election until the member
reaches age 60. Option B provides for an annuity as of the date
the deceased member would have reached age 60. Option C provides
for an immediate annuity as of the date of the members death.
Options A and B require the Spouse to consent to less than
immediate coverage. Further, all three options require the
spouse to consent if the annuity is to be based on less than the
full retired pay.

k. Attached to enclosure (1) is the Navy Personnel Command
response to an E-mail from the examiner in this case which
states, in part, as follows:
-...-Unfortunately there isn't anything that I can
provide with respect to being creative to give this
member 20 qualifying years. Every year is qualifying.

On a brighter note, though, (if there can be in cases
like this) I believe this members has SGLI ,
(Serviceman's Group Life Insurance) and that is
$400,000 to the beneficiary (his wife). Recommend to
allow SGLI to do its job and that is to cover those not
eligible for retirement benefits.

My recommendation is to deny her request because she is
not entitled to anything other than SGLI.

CONCLUSION:

manner during two extended recalls since September 2001. Clearly
he was in good standing in the Navy Reserve and would have been
retired, with an Opportunity to make an RCSBP election, if he had
lived until he reached 20 years of qualifying service. Given the
circumstances, which included the possibility of further extended
active service, the Board is convinced that he would have made an
RCSBP election at that time and would have selected Option c
based on the full amount of his retired pay.

After considering Subject's outstanding record of service and the
unfortunate circumstances, the Board concludes that the deceased
member's record should be corrected to show that he had 20
qualifying years for reserve retirement. Since he did not have
any nonqualifying years and his service cannot be extended beyond
the date of his death, the additional period must be added to the
beginning of his service. In order to prevent a change in the
apparently erroneous anniversary date and the adjustment of over
20 years worth of retirement points, the Board concludes that the
best way to correct the record is to show that he enlisted in the
Navy Reserve on 22 March 1986 for the minimum period of two years
and was immediately placed in the Individual Ready Reserve (IRR),
vice the 26 January 1987 enlistment in the DEP now of record.
Thirty-five correspondence course retirement points should then
be transferred from other anniversary year(s) into the new year.
These points, when added to the 15 membership points will
establish another qualifying year. The corrected record will
then show that he completed 20 years of qualifying service in
March 2006 and was eligible to make an RCSBP election at that

time.
his service that has no effect on the reserve retirement, NPC may
change the enlistment in the Navy Reserve to 3 March 1986, and
all subsequent anniversary years. However, retirement points
should only be transferred between anniversary years if the
change in the beginning date of the anniversary year causes a

nonqualifying year.

The Board further concludes that Subject's record should be
corrected to show that in March 2006 he made an Option C
(Immediate annuity) RCSB election based on the full amount of his

retired pay.

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand that the Petitioner is entitled to an

RCSBC annuity.

RECOMMENDATION:

a. That Subject's naval record be corrected to show that he
enlisted in the Navy Reserve on 22 March 1986 or 3 March 1986 for
the minimum period of two years and was immediately transferred
to the IRR, vice the enlistment in the DEP of 22 January 1987 now
of record. The record should then show that he was honorably

discharged from his reserve contract the day prior to his
enlistment in the Regular Navy. As indicated, the discharge date
can either be 2 March or 21 March 1987 at the discretion of NPC.

b. That 35 correspondence course retirement points be
transferred from other anniversary year(s) into the new reserve
year so that it will be qualifying for reserve retirement.

c. That Subject's naval record be further corrected to show that
in March 2006 he made an RCSBP Option C election based on the
full amount of his retired pay.

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. The foregoing report of the Board is submitted for your

review and action.

W. DEAN PFEI

Reviewed and approved:
Ger :
Orr S. Cia:
A-2G-07

Cali
Assistant General Counsel
Manpower and Reserve Affair)