PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2001                   
	DOCKET NUMBER:   AR2000044644

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	
	Ms. Brenda F. Hirschi		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).

3.  The applicant states that she and the FSM talked about being able to have extra securities from his retirement benefits.  Maybe somewhere along the way the paperwork that was needed was not returned.

4.  The FSM’s military records show that he was born on 30 December 1946.  He enlisted in the Mississippi Army National Guard on 11 February 1964.  

5.  The FSM’s notification of eligibility for retired pay at age 60 was prepared by the National Guard Bureau, was routed through the State Adjutant General to the FSM, and is dated 17 May 1985.  There are no instructions in the body of this letter informing him that he must enroll in the RCSBP within 90 days or lose the opportunity to do so until he reaches age 60.  A Survivor Benefit Plan Summary was listed as an enclosure to the letter.

6.  On 20 May 1985, the FSM was discharged from the Army National Guard and placed on the retired list effective 21 May 1985.  His Report of Separation and Record of Service, NGB Form 22, contains an administrative error which shows he was discharged on 11 February 1964.

7.  The FSM died on 1 January 2000.

8.  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.  If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity 

CONCLUSIONS:

1.  The facts in this case are inconclusive.  The applicant contends that she and the FSM discussed having “extra securities” from his retirement benefits, 

presumably meaning the RCSBP, but she does not state that he actually 
completed a Survivor Benefit Plan Election Certificate, DD Form 1883.  The     20-year letter is not clear if a DD Form 1883 was provided with the letter.  It is impossible to tell what the “Survivor Benefit Plan Summary” consisted of and the letter itself gives no instructions on what to do with the enclosed Summary.  

2.  The Board also notes that the National Guard Bureau issued the FSM’s      20-year letter on 17 May 1985 and forwarded it to the Mississippi Adjutant General.  The FSM was discharged from the National Guard on 20 May 1985.  There is a notation on the 20-year letter “no answer from unit.”  This leads the Board to conclude that the Mississippi Adjutant General did not forward the       20-year letter, or the required SBP information, on to the applicant.

3.  The Board concludes that it would be in the interest of justice to resolve any doubts in the favor of the applicant by correcting the FSM’s records to show he enrolled in the RCSBP for spouse coverage, full base amount, option C, at the time he should have received his 20-year letter.  It would be appropriate for the RCSBP costs to be deducted from the annuity.

4.  It would also be appropriate to correct the FSM’s NGB Form 22 to show his correct date of discharge, 20 May 1985.

5.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the FSM concerned elected to enroll in the RCSBP, full base amount, with spouse coverage, option C on 1 June 1985.

2.  That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP costs due. 

3.  That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to 1 January 2000, the date of his death.

4.  That the FSM’s NGB Form 22 be corrected to show he was discharged on   20 May 1985.

BOARD VOTE:  

__aao___  __teo___  __bfh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044644	
SUFFIX		
RECON		
DATE BOARDED	20010130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.