MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           2 October 2003            
		DOCKET NUMBER:  AR2003086549

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		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 the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) election to former spouse coverage and that she be provided a military identification card.

APPLICANT STATES:  In effect, that she was married to the FSM from 1957 until 1990.  She feels she met the 20/20/20 rule.  She was not aware of possible benefits until the FSM died.  

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

He initially enlisted in the Army National Guard in March 1957.  He and the applicant married on 15 September 1957.  He had a break in service from   March 1968 until October 1971.  He reenlisted in the Army National Guard on   26 October 1971.

The FSM's notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 29 March 1983.  On 5 May 1983, the FSM completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) and elected to participate in the RCSBP for spouse and children coverage, full base amount, option C.  

On 17 August 1990, the FSM and the applicant divorced.  The divorce decree does not mention the RCSBP.  

The FSM remarried on an unknown date.  He died on 8 September 2002.

Records at the Defense Finance and Accounting Service – Cleveland Center indicate the RCSBP annuity is being paid to a surviving dependent.

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.  

Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP coverage for former spouses of retiring members.  

Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members (Reservists, too).

Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election.

Army Regulation 600-8-14 (Identification Cards, Tags, and Badges) states that there are several categories of Unremarried Former Spouse (URFS) which are authorized benefits and privileges under the USFSPA to include URFS/02 (20/20/20).  URFS/02 pertains to URFS if the marriage and service overlapped by at least 20 years.  Full privileges (commissary, exchange, theater, and medical care (only if former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan and if not entitled to Medicare Part A hospital insurance through the Social Security Administration)) are authorized, regardless of the date of divorce.  All benefits are terminated upon the former spouse's remarriage.  All benefits except medical are reinstated if the remarriage ends in death or divorce.  

Army Regulation 600-8-14 further states that the former spouse may apply at an Army installation identification card issuing facility.  The following must be furnished when applying for a former spouse identification card: (1) the member's full name and social security number; (2) the member's status.  A statement of service is required; (3) marriage certificate; (4) final decree of divorce or dissolution of marriage; (5) a statement certifying that the former spouse is not enrolled in an employer-sponsored health care plan; and (6) a statement by the former spouse certifying marital status.  Assistance can be obtained from the servicing Army installation identification card issuing facility.

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.  The Board acknowledges that the applicant was married to the FSM for the majority of his military service and that the FSM had elected spouse and child RCSBP coverage in May 1983.

2.  RCSBP elections are made by category, not by name.  When the FSM and the applicant divorced, the applicant was no longer an eligible spouse beneficiary and unfortunately the divorce decree did not award her the RCSBP.  At the present time, an eligible beneficiary is receiving the RCSBP annuity.

3.  It appears the applicant is entitled to a military identification card.  However, she must follow the guidance in Army Regulation 600-8-14 as outlined above to apply for the card and related benefits.

4.  Regrettably, 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

__kan___  __le____  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086549	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.