PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 August 2003     
	DOCKET NUMBER:   AR2003087361

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		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 she be determined to be entitled to a Survivor Benefit Plan (SBP) annuity based on the election of her deceased spouse, a former service member (FSM), and her timely application for the annuity.

3.  The applicant states the FSM elected coverage under the Reserve Component SBP (RCSBP) when it was first established.  Shortly after he died in 1994, she applied for the annuity through the FSM's National Guard unit.  Her application was mistakenly forwarded to the Defense Finance and Accounting Service (DFAS) instead of the U. S. Army Reserve Personnel Center.

4.  The FSM’s military records show that he was born on 5 January 1937.  He enlisted in the Army National Guard on 9 April 1956.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 30 September 1976.

5.  On 10 May 1979, the FSM elected RCSBP (presumably spouse coverage, full base amount), option C using an interim election form.

6.  The FSM died on 16 November 1994.  On 17 December 1994, the applicant completed a DD Form 1884 (Survivor Benefit Plan – Application for Annuity).  On 9 April 1995, the FSM's Army National Guard unit forwarded the DD Form 1884 to DFAS.

7.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 

8.  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 occur before age 60, the RCSBP costs for options B and C are deducted from the annuity.

CONCLUSIONS:

1.  The Board concludes there is sufficient evidence to show the FSM enrolled in the RCSBP for option C.  The Board presumes that, had he been given a DD Form 1883 (Survivor Benefit Plan Election Certificate) to complete, he would have elected to provide for spouse coverage, full base amount, option C.  

2.  The Board concludes there is sufficient evidence to show the applicant applied for the SBP annuity in a timely manner.  Through Government error, the application was forwarded to the incorrect office and never processed.

3.  It would be equitable to correct the records to show the FSM completed a DD Form 1883 electing spouse coverage, full base amount, option C and that the applicant applied for the annuity to the correct office where it was processed in a timely manner.

4.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.   showing the FSM completed a DD Form 1883 on 10 May 1979 and elected to participate in the RCSBP, option C, full base amount, with spouse coverage; and 
     
     b.  showing the applicant applied for the annuity on 17 December 1994 and her application was processed by the appropriate office in a timely manner.

2.  That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP costs due. 

3.  That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to 16 November 1994, the date of his death.

BOARD VOTE:  

__aao___  __tbr___  __mmb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       Arthur A. Omartian
		        CHAIRPERSON

INDEX

CASE ID	AR2003087361	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.