2.  The applicant requests that he be allowed to enroll in the Reserve Component Survivor Benefit Plan (RCSBP) with “spouse,” Option C (immediate coverage).  He states that at the time he initially completed DD Form 1883, he was given erroneous advice by the local Retirement Services Office.  This stated his spouse would be treated the same as any other active duty officer’s spouse in regards to SBP coverage while he was still on active duty.  This led him to elect Option A, (deferred coverage).  It was not until 1996, while in a class at the War College, that he learned differently.

3.  The applicant’s military records show he was born on 2 March 1948.  He apparently had prior service of some type before he was appointed a 2d Lieutenant in the Army National Guard on 22 August 1971.  On 22 December 1972, he transferred to the U.S. Army Reserve (Ready Reserve).  He received his 20-year letter notifying him he was eligible for retirement pay at age 60 on   14 July 1990.  As of the date of his application (3 June 1996), he was in the Active Guard/Reserve (AGR).

4.  Upon receiving his 20-year letter from the Army Reserve Personnel Center (ARPERCEN), the applicant had to return the completed DD Form 1883 (SBP Election Certificate) within 90 days.  He apparently failed to do so because he believed he was already covered.

5.  Public Law 92-245, the SBP, enacted 21 September 1972, 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.  Changes in SBP options are not authorized except in specific instances or authorized by law.

6.  Public Law 95-3997, the RCSBP, dated 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60.

7.  In the processing of this case, a staff advisory opinion was requested from the Headquarters Army Retirement Services Office. The Retirement Services Office recommended that the applicant’s request that he be enrolled in the RCSBP, Option C (immediate coverage), be approved retroactive to the date of receipt of his 20-year packet, 14 July 1990.  The information given to the applicant by the local Retirement Services Officer was true insofar as it meant that an active duty soldier is covered in SBP by virtue of being retirement-eligible, just as an AGR soldier who is retirement-eligible would likewise be covered.  However, the applicant was not retirement-eligible at the time he received his 20-year letter.  The applicant’s request should be approved based on this probable misunderstanding.

CONCLUSIONS:  

1.  The applicant, upon receiving his 20-year letter and packet, either enrolled in the RCSBP under the incorrect option (his statement) or failed altogether to enroll in the RCSBP (letter from Retired Activities, ARPERCEN) based upon either erroneous information given to him by his local Retirement Services Office or upon his misunderstanding of the information given to him.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant enrolled his spouse in the Reserve Component Survivor Benefit Plan, Option C (immediate coverage) on 14 July 1990.

2.  That the applicant be advised that if he does not earn an active duty retirement, RCSBP costs will be owed for pre-age 60 coverage.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                        
                                                               CHAIRPERSON