PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 August 2001                   
	DOCKET NUMBER:   AR2001056826

	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. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 that his records be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) in a timely manner.

3.  The applicant states that he qualified for his notification of eligibility for retired pay at age 60 (his 20 year letter) in the spring of 2000 but did not receive it until April 2001.  The Army Reserve Personnel Command (AR-PERSCOM) told him they had mailed the 20 year letter in April 2000 so by the time he sent them the Survivor Benefit Plan Election Certificate, DD Form 1883, he was outside the   90-day window.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  The applicant’s 20-year letter is dated 6 April 2000.  AR-PERSCOM has stated that they mailed the letter to his Alabama address in April 2000.  The applicant states he did not receive this letter while he was in Alabama.  He was reassigned to Oklahoma in September 2000.  He asked his new unit administrator to check on his 20-year letter.  It was not until April 2001 that his unit administrator was able to obtain his 20-year letter.  On 31 May 2001, he completed a DD Form 1883, enrolling in the RCSBP for spouse and children coverage, option C, full base amount.

6.  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.

7.  In an earlier case, AR-PERSCOM informed the Board that due to budget cuts they now use First Class mail, rather than registered or certified mail, to mail    20-year letters

CONCLUSIONS:

1.  The Board finds it reasonable to believe that the applicant did not receive his 20-year letter until his unit administrator tracked it down in April 2001, one year after AR-PERSCOM mailed it.  Due to budget cuts, AR-PERSCOM now uses First Class mail, rather than registered or certified mail, to mail these letters.  While the U. S. Postal Service is usually highly efficient, a very small percentage of mail still gets “lost.”

2.  The applicant was expecting his 20-year letter in the spring of 2000 and took steps reasonably soon after that period to track down his letter.  He finally received it in April 2001 and on 31 May 2001 he completed the DD Form 1883.  

3.  The law requires an RCSBP election to be made within 90 days of receiving the 20-year letter.  The Board concludes that the applicant met this requirement.  However, to avoid any problems, it would be appropriate to correct his records to show he completed the DD Form 1883 on 31 May 2000 and that it was received and processed by the proper offices in a timely manner.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant completed his DD Form 1883 on 31 May 2000 and that it was received and processed by the proper offices in a timely manner.

BOARD VOTE:  

__jhk___  __tl____  __pm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John H. Kern
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001056826	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.