2.  The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay upon reaching age 60 and at that time elected to participate in the Survivor Benefit Plan (SBP) with the option of “spouse” coverage.

3.  The FSM’s military records show he was born on 27 December 1928.  He was initially inducted into the Army on 15 December 1950.  He later enlisted in the U. S. Army Reserve.  On 30 July 1976, he was notified that he had completed the required years of service to be eligible for retired pay upon application at age 60.  On 3 April 1986, he was transferred to the Retired Reserve.  On 27 December 1988, he reached age 60.  On 30 December 1995, he died.

4.  Public Law 95-397, the Reserve Component Survivor Benefit Plan (RCSBP), enacted 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.  Three options are available:  (A)  elect to decline enrollment and choose at age 60 whether to start SBP 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 member’s 60th birthday; (C)  elect that a beneficiary receive an annuity immediately upon their death if before age 60. If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity (costs for option C being the more expensive).

5.  In the processing of this case, an advisory opinion was obtained from the Transition and Separations Branch, Army Reserve Personnel Center.  The opinion noted that the FSM would not have been sent an application for SBP at the time he was issued his eligibility letter since the Plan was not implemented for Reserve personnel until 1978.  It also noted that their office has no records which would indicate the FSM ever made application for his retired pay at age 60.  The opinion goes on to state the applicant could apply under the Forgotten Widows program to receive an annuity; however, she is not eligible since her spouse died after implementation of the Reserve SBP program.

CONCLUSIONS:  

1.  Since the FSM retired prior to implementation of the RCSBP, his first opportunity to apply for SBP would have been when he applied for retired pay upon reaching age 60, in 1988.  However, there is no evidence in the records to show he ever applied for retired pay.

2.  The applicant honorably served the Army for over 20 years; he earned his retired pay.  His spouse helped him earn his retired pay.

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

RECOMMENDATION:  

That all of the Department of the Army records related to this case be corrected by showing that the FSM applied for retired pay upon reaching age 60 on 27 December 1988 and at that time elected to participate in the SBP, full base amount, with “spouse” coverage, and returned the election form (DD Form 1883) to ARPERCEN for processing, thereby allowing the applicant to become an eligible annuitant upon his death on 30 December 1995.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

			                                                                    
                           			CHAIRPERSON