MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2002
	DOCKET NUMBER:   AR2002069964

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 his records be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT STATES:  That he does not believe he filled out a Survivor Benefit Plan Election Certificate, DD Form 1883, when he was separated from the Army National Guard in 1986.  He has a wife and 14-year old son he wants to provide for should he die before turning age 60 in five years.  He provides no supporting evidence.

EVIDENCE OF RECORD:  Most of the applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant was born on 29 March 1947.  He enlisted in the Army National Guard on 10 March 1966.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 13 June 1986.  A Survivor Benefit Plan Summary was attached to the 20-year letter.  Records at the U. S. Army Reserve Personnel Command (AR-PERSCOM) and the Minnesota Army National Guard indicate he did not complete a DD Form 1883 at that time.  He was separated from the Army National Guard on 9 March 1987.

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.

Public Law 101-189, enacted 29 November 1989, established a one-year Open Season to be conducted 1 October 1991 (but deferred to 1 April 1992).  Extensive publicity of this Open Season was given in Army Echoes, the Army bulletin published and mailed to retirees (and to gray-area retirees since earlier in the 1980s) to keep them abreast of their rights and privileges and to inform them of developments in the Army. 

Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000.  Extensive publicity was given in Army Echoes.

In the processing of this case, an advisory opinion was obtained from the Retirements and Annuities section, AR-PERSCOM.  That section noted that the applicant was not entitled to RCSBP enrollment at this time as he chose not to enroll when initially offered the opportunity.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He failed to respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant had his first opportunity to enroll in the RCSBP when he received his 20-year letter.  He had two subsequent opportunities during the 1992 - 1993 and the 1999 - 2000 Open Seasons.  There is no evidence to show that he attempted to enroll at those times.  Unless another Open Season is established first, his next opportunity to enroll will be in 2007 when he may elect to enroll in the standard SBP upon applying for retired pay.

3.  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

__RJW__  __RWA__  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069464	
SUFFIX		
RECON		
DATE BOARDED	2002/10/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.