PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 November 2001                   
	DOCKET NUMBER:   AR2001061663

	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. Lester Echols		Member	
	Mr. John T. Meixell		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) for spouse coverage.

3.  The applicant states that he never received the RCSBP options packet in 1993.  He has always maintained a post office box; however, that packet went to an old address in the same town.  He always kept his unit informed of any move that he made.  When he inquired at his unit as to where the packet might be, he was told that since he was in a troop program unit his insurance would actually provide more for his survivors than any RCSBP benefits.

4.  The applicant’s military records show that he was born on 17 June 1950.  After having had prior service in the Army National Guard, he entered the U. S. Army Reserve in 1979.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 16 April 1993.  He apparently did not receive this letter until 2001, at which time he apparently attempted to enroll in the RCSBP for spouse only coverage, full base amount, option C.

5.  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.

CONCLUSIONS:

1.  It appears that the applicant received improper counseling from his unit at the time he should have received his 20-year letter.  If his unit had assisted him in obtaining his 20-year letter with the accompanying RCSBP packet, the applicant could have made an informed decision about the RCSBP.  The Board presumes he would have enrolled in the RCSBP in a timely manner.

2.  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 received his 20-year letter in April 1993 and that he enrolled in the RCSBP on 1 May 1993 for spouse only coverage, full base amount, option C.

BOARD VOTE:  

__aao___  __le____  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061663	
SUFFIX		
RECON		
DATE BOARDED	20011127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.