MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-10013

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his military records to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP), option C, at the time he reached 20 years of qualifying service for a reserve retirement.

APPLICANT STATES:  He was recently divorced.  It was his intention to provide coverage for his former spouse in the event he died, even if that occurred before age 60.  His notification letter informing him he was eligible to receive reserve retired pay at age 60 (20-year letter) was apparently delivered to his former address.  This letter included the RCSBP packet, which had to be completed and returned within 90 days.  He never received it.  

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 3 October 1949.  He enlisted in the Regular Army on                30 November 1972, was discharged on 22 February 1984 and immediately reenlisted in the U. S. Army Reserve.  As of the date of the application, he was still in the U. S. Army Reserve.

Public Law 95-397, the 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.  This election had to be made at the time the member was notified he was eligible for retired pay at age 60.  If the election was not made within 90 days, the member would not be entitled to SBP coverage until he applied for retired pay at age 60.

In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM), Retirement Team.  That opinion noted that the applicant had been mailed his 20-year letter, dated 16 September 1994, by certified mail to his last known address.  The letter was signed for by someone at that address on 24 February 1995.  On 7 March 1996, the applicant was notified by letter, sent to the same address the 20-year letter was sent, that since he had failed to elect to participate in the RCSBP within 90 days he was ineligible to do so until he reached age 60 and could elect to participate in the standard SBP. The opinion noted he would be given another opportunity to make an election when he applies for pay at age 60, 3 October 2009.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The Army Reserve Personnel Center (ARPERCEN) mailed his 20-year letter and his RCSBP election packet to his last known address.  The applicant never received the letter and packet because he was no longer living at that address.

2.  It is the Reserve member’s responsibility to keep ARPERCEN/AR-PERSCOM informed of their current address.  This Board notes that as of March 1996 ARPERCEN still thought the applicant lived at his old address.

3.  The Board feels it was the applicant’s own negligence that caused him to miss the opportunity to participate in the RCSBP.  He will be afforded another opportunity when he applies for retired pay at age 60.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO_____  GDP_____  JHK_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10013	
SUFFIX		
RECON		
DATE BOARDED	19981202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.