DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 07253-10
1 June 2011
This is in reference to your application for correction to your
deceased spouse's naval record pursuant to the provisions of 10
use 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 May 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your husband's naval record and applicable
statutes, regulations and policies. In addition, the Board also
considered the enclosed advisory opinion furnished by Navy’s
Survivor Benefit Plan Program Manager dated 4 January 2011 which
recommended no relief be granted.
The Reserve Component Survivor Benefit Plan (RCSBP) is a program
that allows a reserve retiree who has not yet become entitled to
retired pay by reaching age 60, to leave a percentage of the
future retired pay as a monthly survivor annuity to surviving
beneficiaries. Reserve retirees become eligible to participate
in the RCSBP by completing all of the requirements to be
qualified for retired pay at age 60.
The records that are available to this Board show the following:
on 4 December 1998, your husband was furnished with a “Notice of
Eligibility”, (NOE) from the Naval Reserve Personnel Center
(NRPC) which enabled him to participate in the RCSBP program
within 90-days of the receipt of his letter. On 16 December
1998, you were also sent a letter from NRPC, informing you ot
your husband's eligibility to participate in the RCSBP and the
different options available. Your husband was afforded an
opportunity to elect coverage from three options.* He elected
7 Option A - Decline to make an election until age 60. Under this option,
there is no coverage in the years between becoming retirement-eligible and
attaining age 60. However, the retiree retains the option to elect coverage
upon becoming entitled to retired pay.
option “B” (Deferred annuity). His election was entered in the
Inactive Manpower and Personnel Management Information System
(IMAPMIS). The Board noted that your husband's actual election
form was not retained. However, the Board found that the entry
in the IMAPMIS adequately recorded your husband's election. °
Your husband passed away on 7 April 2010, at the age or 58);
before he reached age 60. Because he chose option “B”, a
survivor annuity is payable when your husband would have reached
age 60 on (or about) August 2016 (assuming all other eligibility
criteria are met).
Under these circumstances, the Board found insufficient evidence
of an error or injustice that would warrant any change to your
husband’s RCSBP election. Accordingly, your application seeking
a change that would entitle you to an immediate annuity has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is also important to keep in mind
that a presumption of regularity attaches to gli offieial
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Enclosure
Option B - Deferred annuity. Under this option, if the retiree dies before
reaching age 60, a survivor annuity is payable on the date the member would
have attained age 60. If death is after 60, the annuity begins the day after
the date of death.
Option C - Immediate annuity. A survivor annuity becomes payable on the day
after the date of the member’s death, whether before or after age 60.
2 There ig no evidence that he elected either option “A” (Decline to make an
election until age 60), or option "c” (Immediate annuity).
2
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