MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 August 2000                   
	DOCKET NUMBER:   AR2000038055

	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:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 former service member (FSM), be corrected to show he elected to enroll in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT STATES:  That the FSM died 3 months before his 60th birthday.  His election of benefits options was on his desk – unsigned.  She thought she would be able to work indefinitely but a health problem has forced her retirement at age 62.

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

He was born on 2 September 1928.  He enlisted in the Army National Guard on  7 July 1948.  He was commissioned on 14 September 1952 and continued to serve in the Army National Guard. 

On 24 April 1966, the FSM elected to participate in the Retired Serviceman’s Family Protection Plan (RSFPP) for option 1 with option 4.

The FSM’s notification of eligibility for retired pay at age 60 is dated 18 August 1972.

On 28 September 1979, the FSM declined to participate in the RCSBP.  He elected option A, deferring his election until age 60.

On 7 May 1988, the FSM died.

Public Law 87-381, enacted 4 October 1961, changed the Uniformed Services Contingency Option Act (USCOA) to the RSFPP.  The USCOA automatically converted to the RSFPP with the same election options and annuity amounts as the USCOA.  The RSFPP was self-supporting (not subsidized by the Government).  Its costs were high and the annuity was fixed.  

Public Law 92-245, enacted 21 September 1972, repealed the RSFPP and established the SBP.  The SBP 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.  The RSFPP did not automatically convert to the SBP.

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.  If death does not occur before age 60, the RCSBP costs for options B and C are deducted from the member’s retired pay (costs for option C being the more expensive). 

Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982.

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 FSM was notified of his eligibility for retired pay at age 60 prior to the enactment of the RCSBP.  When the RCSBP was enacted and he was given the opportunity to enroll, he declined to enroll by electing option A, deferring his election until age 60.

2.  Unfortunately, the FSM died before reaching age 60.  Even if he had signed the form electing to enroll in the SBP, he died before the election could have gone into effect.

3.  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

__svw___  __mhm___  __lds___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038055	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.