MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 October 2002
	DOCKET NUMBER:   AR2002073661

	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 V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage.

APPLICANT STATES:  That the FSM was not afforded an opportunity to participate in the RCSBP.  As supporting evidence, she provides their marriage certificate, his death certificate, a 5 August 1953 letter appointing the FSM as a Reserve commissioned officer, and an 8 March 1960 letter, Subject:  Completion of 20 years of Satisfactory Federal Service Creditable for Retirement.

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

He was born on 18 August 1923.  After having had prior enlisted service, he was commissioned in the Officer Reserve Corps in January 1951.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but a          21 October 1964 letter from XX U. S. Army Corps, Fort Hayes, Columbus, OH to him, Subject:  Removal from an Active Status, indicates that he would have completed over 20 years of creditable service as of 31 October 1964.  Orders dated 9 November 1964 transferred him to the Retired Reserve.  He and the applicant married on 3 March 1967.  He died on 10 June 1980.

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.  If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.  An Open Season was established from 1 October 1978 - 3 September 1979 and later extended to 31 March 1980.

At the time of the Open Season, the Office of the Adjutant General, U. S. Army Reserve Personnel Center sent a letter dated 1 July 1979 to "Dear SBP-Eligible Reserve Component Member."  It announced that the RCSBP was created effective 1 October 1978.  It gave a phone number to call with inquiries.  Members were encouraged to complete the enclosed Survivor Benefit Plan Election Certificate, DD Form 1883, even if they did not desire to participate. 

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.  It appears the FSM received his 20-year letter around 1964 and terminated his active relationship with the Reserve Component in 1964, prior to enactment of the RCSBP in 1978.  However, there is evidence to show that such members were notified of the 1978 - 1980 Open Season.  There is no evidence to show the FSM expressed an interest in enrolling in the RCSBP at that time.

2.  It is acknowledged that the applicant was married to the FSM for 13 years.  However, it does not appear that failure to grant the applicant’s requested relief without additional evidence would be inequitable.  It was Congress’s intent in establishing the SBP to provide for those spouses who supported the military member for the majority of his or her military career.  The applicant married the FSM 3 years after his military career ended.

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

__RVO__  __MKP  _  __AAO __ DENY APPLICATION 

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

INDEX

CASE ID	AR2002073661	
SUFFIX		
RECON		
DATE BOARDED	2002/10/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.