MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000037837

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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:  That the records of her deceased spouse, a deceased former service member (FSM), be corrected to show he elected to enroll in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse and children coverage, full base amount, option C within 90 days of receiving his 20-year letter.

APPLICANT STATES:  That the FSM was so severely ill with cancer that he did not take care of this matter.  She had remarried (on 24 July 1998) but divorced on (7 August 1999).

EVIDENCE OF RECORD:  The FSM's available military records show:

He was born on 16 November 1947.  He enlisted in the Army National Guard on 24 February 1967.  He and the applicant married on 14 October 1994.  His notification of eligibility for retired pay at age 60 is dated 5 June 1997.

Medical records provided by the applicant show that the FSM was first evaluated on 13 January 1998 for fatigue/malaise and intermittent blood in the urine.  On  22 January 1998 he was diagnosed with a possible left renal mass, with no pain in that area, with possible pulmonary metastases, and otherwise in excellent health.  On 2 February 1998, a left radical nephrectomy was performed on the FSM.

On 7 March 1998, the FSM completed DD Form 1883, Survivor Benefit Plan Election Certificate.  He elected to participate in the RCSBP on this date for spouse and children coverage, full base amount, option C.

On 28 March 1998, the FSM died of renal cell carcinoma. 

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 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 member must make the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elect to participate in the standard SBP.

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.  The Board concludes that there is no evidence of Government error or injustice in this case.

2.  The FSM’s 20-year letter was dated 5 June 1997.  He had until approximately 5 September 1997 to enroll in the RCSBP.  The medical evidence provided shows that he was in good health at this time, not being evaluated for a medical problem until 13 January 1998.  He underwent an operation on 2 February 1998 for left nephrectomy for renal cell carcinoma.  He attempted to enroll in the RCSBP shortly thereafter and died several weeks later. 

3.  Unfortunately, soldiers must make RCSBP decisions, as decisions concerning civilian life insurance must be made, based upon certain expectations.  If they decide not to enroll, it is because they expect to survive in good health at least until they reach the age of 60, when they would be offered a chance to enroll in the standard SBP.  Because the RCSBP/SBP is a government-subsidized program, it is not designed to provide instant coverage to a soldier who incurs a grave illness and needs the coverage immediately.  

4.  Regrettably, 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

__eja___  __alr___  __bfh___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037837	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.