DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8612-08
8 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVI!
PW | OF N ce gi a ath rata eas ieee sti ™ satin al
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 retired reservist, filed an application with this
Board requesting that Subject's naval record be corrected to show
that he made a Reserve Component Survivor Benefit Plan (RCSBP)
election on her behalf.
2. The Board, consisting of Mr. @iiegug@i, Mx. pyar and Mr.
WAGRNE xeviewed Petitioner's allegations of error and injustice
on 7 October 2008 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 submitted in a timely
manner.
c. On 5 September 1996, this Board corrected Subject's
record to show that he had 20 qualifying years for reserve
retirement and that he transferred to the Retired Reserve
effective on 1 October 1994. Subsequently, Headquarters Marine
Corps (HQMC) informed him that his record had been corrected.
HOMC has stated that at that time they apparently did not provide
him the required form for making an RCSBP election. Further, he
would have been given another opportunity to make such an
election when he reached age 60 and became eligible for retired
pay. However, he died on 24 November 2007, 37 days prior to his
60th birthday.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Given the circumstances, the Board concludes that
Subject's record should be corrected to show that he made an
Option B RCSBP election naming his spouse as beneficiary at the
time of his transfer to the Retired Reserve on 1 October 1994.
The Board further concludes that this Report of Proceedings
should be filed in Subject's naval record so that all future
reviewers will understand that he elected RCSBP.
RECOMMENDATION :
a. That Subject's naval record be corrected to show that
on 25 November 1996, Subject made an Option B RCSPB election
naming his spouse as beneficiary based on the full amount of his
retired pay to be effective on 1 January 2008, the date he would
have been age 60.
b. That this Report of Proceedings be filed in Subject'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 BRIAN Va
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.
W. DEAN PFEIFFER
Executive Director
ARMY | BCMR | CY2008 | 20080016598
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or had not yet made an SBP election. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. As a result, the...
ARMY | BCMR | CY2010 | 20100024346
The evidence of record shows the applicant executed an SBP Election Certificate on 18 August 1994 electing immediate coverage under option C for children-only coverage upon receipt of his 20-year letter. At that time, his election would have been sent to HRC because DFAS had not yet established a retired pay account as he was still under the age of 60. In this case, the applicant and his spouse were married on 30 August 1996.
NAVY | BCNR | CY2014 | NR4533 14
Therefore, as of 3 January 2005, you have been enrolled in an immediate RC-SBP annuity for your spouse and child{ren).” See ‘enclosure (7). They notified Petitioner that as of 3 January 2005, he had been enrolled in the RCSBP under the spouse and child category with immediate (Option C) coverage. b. Petitioner is responsible for future unpaid RCSBP costs (Petitioner will be eligible for retire pay on or about 20 April 2021) that would have been deducted if he enrolled at the time of his Marriage.
ARMY | BCMR | CY2008 | 20080000841
Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start RCSBP 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 members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. However, by law and regulation, a member who marries after he has made his RCSBP election has one year after the date of his marriage to...
ARMY | BCMR | CY2013 | 20130011026
He is now requesting that the election be granted for his spouse "Karen" to receive the RCSBP upon his death. The applicant's records do not indicate he elected to participate in the RCSBP within 90 days of receiving his 20-year letter. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he never made an RCSBP election * showing he submitted an SBP election for spouse coverage only based on the full amount upon...
NAVY | BCNR | CY2007 | 00250-07
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). The corrected record will then show that he completed 20 years of qualifying service in March 2006 and was...
ARMY | BCMR | CY2013 | 20130013035
There is no evidence that shows within 1 year of the divorce decree the applicant or his former spouse requested his SBP election be changed from spouse to former spouse based on the settlement agreement. Counsel provides a notarized affidavit wherein the applicant's spouse Frances stated she consented to the designation of the applicant's former spouse Laurie as the "former spouse" beneficiary for his SBP, pursuant to the settlement agreement that was incorporated into the applicant's and...
ARMY | BCMR | CY2013 | 20130022283
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse only coverage. Counsel requests the applicant's eligibility for an RCSBP annuity be established and that she be paid based on the DD Form 1883 (SBP Election Certificate) submitted by the FSM. * the FSM completed 20 of years service and a 20-year letter was sent to him * he...
ARMY | BCMR | CY2013 | 20130022283
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse only coverage. Counsel requests the applicant's eligibility for an RCSBP annuity be established and that she be paid based on the DD Form 1883 (SBP Election Certificate) submitted by the FSM. * the FSM completed 20 of years service and a 20-year letter was sent to him * he...
ARMY | BCMR | CY2007 | 20070011157
The applicant requests, in effect, that her husband's records, a former service member (FSM) be corrected to show that he elected to change his Survivor Benefit Plan (SBP) coverage from "Natural person with insurable interest-mother" to "Spouse only" coverage upon marriage. The applicant provided the following documentary evidence in support of her application: a. DD Form 1883, dated 19 July 1994; b. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); c....