MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 July 2003                  
	DOCKET NUMBER:   AR2003086858

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		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:  That the DD Form 1883 (Survivor Benefit Plan Election Certificate) he completed be corrected to show full coverage instead of reduced coverage.

APPLICANT STATES:  In effect, that the benefit election, as explained to him, was applicable only to the pay he was receiving at the time he made the election. He further states that “other options were not explained or offered.”

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

The applicant was born on 8 December 1944.  He enlisted in the US Army Reserve on 4 November 1965 for a period of six years.  He later attended Officer Candidate School and was commissioned a Second Lieutenant in the Corps of Engineers on 23 August 1970.  The applicant remained in the US Army Ready Reserve until 1980, when he transferred to the Missouri Army National Guard.  There, he completed his military career, eventually attaining the rank of colonel and transferring to the retired reserve on 3 November 1999.

The National Guard Bureau sent the applicant his Notification of Eligibility for Retired Pay at Age 60 (his 20-Year letter) on 15 April 1986.  This letter was filed in his military personnel records.

The applicant and his spouse signed the DD Form 1883 on 12 May 1986, electing to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse and child coverage, reduced amount ($500.00), option C.  Block 9a, of the form, consists of two boxes; the first reflects “full” coverage, the second reflects “reduced” coverage.  The applicant checked the “reduced” coverage box. 
Block 9b, of the form, instructs the applicant to indicate the amount of retired pay (base amount) upon which to compute the annuity, if he/she elects the reduced amount option in Block 9a.  The applicant indicated $500.00.

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 does not occur before age 60, the RCSBP costs for options B and C are deducted from the member's retired pay (costs for option C being the more expensive).  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.  If the member was married but elected not to participate at the maximum level or elected to provide an annuity for a dependent child but not for his spouse, that member’s spouse would be notified of that election.

Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 (but deferred to 1 April 1992) – 30 September 1992.  It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.  Extensive publicity was given in Army Echoes.

Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 – 31 March 1993.

Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000.  It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.  Extensive publicity was given in Army Echoes.

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 considered the applicant’s request to correct his records to show that the DD Form 1883 (Survivor Benefit Plan Election Certificate) he completed be corrected to show full coverage instead of reduced coverage.

2.  Evidence of record shows that both the applicant and his spouse both signed the DD Form 1883 on 12 May 1986.  

3.  The Board noted that the language of the DD Form 1883, signed by the applicant and his spouse, is very clear and logical in its content.  Block 9a explicitly addresses “annuity based on the full amount of retired pay or on a reduced amount of retired pay.”  The applicant and his spouse clearly elected a reduced amount.  Block 9b goes even further to instruct the service member to specifically identify the amount of retired pay upon which he/she wants the annuity computed.  In this case, the applicant and his spouse indicated $500.00.

4.  The applicant has not presented any evidence to show that he and his spouse were misled as to the content or intent of the DD Form 1883 when they completed it.

5.  The Board noted that the applicant is a senior military officer, very competent and capable of understanding the importance and the content of the form he was completing.

6.  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.

7.  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

___jtm___  ____jhl__  ___rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086858	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030717	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.