MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           28 October 2003    
		DOCKET NUMBER:  AR2003087473

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 did not enroll in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT STATES:  That after receiving his notification of eligibility to receive retired pay at age 60 (his 20-year letter), he was presented a DD Form 1883 (Survivor Benefit Plan Election Certificate) to sign.  Future costs were not explained to him or his spouse.  Neither he nor his spouse were briefed on the impact of an action taken nearly 20 years ago.  His spouse's name is not correct on the form and she was not given an opportunity to review or sign the form.     As supporting evidence he provides his 20-year letter and the front page of his DD Form 1883.

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

He was born on 9 June 1942.  After having had prior service, he entered the Army National Guard as a commissioned officer.  His 20-year letter is dated      12 January 1983, at which time he was a captain.  

On 10 February 1983, the applicant signed a DD Form 1883 electing to enroll in the RCSBP for spouse and children coverage, option C.  The amount of coverage, based on full or a reduced base amount, was not checked.

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 (and participate in SBP), 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.  Once a member elects either option B or C in any category of coverage, that election is irrevocable.  If RCSBP option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.

Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from the SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  Reservists who elected an option under the RCSBP will continue to have the Reservist Portion cost deducted from their retired pay.  The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

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.  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 evidence of record shows the applicant enrolled in the RCSBP on          10 February 1983 for spouse and children coverage, option C.  Since the amount of coverage was not identified, full base amount was the default option.

3.  If he had any questions, the applicant, a commissioned officer, had a responsibility to himself to obtain information on the RCSBP prior to signing any document presented to him.  Since the applicant signed the form electing to participate in the RCSBP for spouse and children coverage, his spouse was neither required to give her consent nor be notified of his election.

4.  The applicant will have a one-year opportunity to disenroll completely from the SBP beginning in June 2004.  However, he should understand that if he does his spouse will no longer be eligible for any annuity if he should die.  In addition, if he does disenroll the Reservist Portion cost would still be deducted from his retired pay.  

5.  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___  __lds___  __mjt___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087473	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	137.03	
2.		
3.		
4.		
5.		
6.