MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 October 1999                   
	DOCKET NUMBER:   AR1999021655

	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. Thomas D. Howard, Jr.		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James P. Steuve		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:  In effect, that the records of her deceased spouse, a service member (SM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) election to spouse coverage and to make her his Serviceman’s Group Life Insurance (SGLI) policy beneficiary.

APPLICANT STATES:  In effect, that when she and the SM married in 1995, they were not informed of the need to update his RCSBP election.  She did not sign away her rights to his retirement.  She has also found out that her husband was forced by his mother to change his SGLI beneficiary to her (his mother) and his two sons.  The SGLI handbook states that it is against the rules for anyone to coerce a person to change their life insurance beneficiary and that such a coercion attempt would deem the change to be invalid.  Supporting evidence is as listed on the DD Form 149.

COUNSEL CONTENDS:  Counsel makes no contention.

EVIDENCE OF RECORD:  The SM's military records are not available.  Information contained herein was obtained from alternate sources.

The SM was born on 30 December 1954.  He enlisted in the Army National Guard on 12 May 1973.  On 10 September 1993, after being notified of his eligibility for retired pay at age 60, he completed DD Form 1883, SBP Election Certificate.  He was unmarried at the time and elected children only RCSBP coverage, option C, immediate coverage.  

The applicant and the SM married on 6 December 1995.  The SM died on          21 December 1997.  

Public Law 95-397, the Reserve Component SBP (RCSBP), enacted                 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 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. 
A married person needs the concurrence of his spouse if he provides an RCSBP annuity for his spouse at less than the maximum level or to provide an annuity for a dependent child but not for his spouse.

Title 10, U. S. Code, section 1448a(5) provides that a person who is not married upon becoming eligible to participate in the SBP and who later marries may elect to participate in the SBP.  Such an election must be written, signed by the person making the election and received by the Secretary concerned within one year after the date on which that person marries.
The 1998 edition of the Federal Benefits for Veterans and Dependents lists the SGLI as a VA benefits program.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The SM was not married at the time he completed DD Form 1883 and he properly elected to participate in the RCSBP for children only coverage.  Since he married after his RCSBP election was made, a change to spouse and child coverage had to be a voluntary decision, made within one year of his marriage, on the SM’s part.  There is no requirement that a member be counseled concerning RCSBP options every time his marital status changes.  The member should be counseled at the time he initially makes his election; thereafter, it is his responsibility to provide for his family as he sees fit.  

3.  The SGLI is a Department of Veterans Affairs program.  Although the Army provides administrative support in completing the form, there is no limitation on who may be designated a beneficiary.  The applicant should bring up any concerns regarding this issue with the Department of Veterans Affairs.

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

__tdh___  __tnk___  __jps___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021655	
SUFFIX		
RECON		
DATE BOARDED	19991028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.