RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            16 December 2003  
	DOCKET NUMBER:   AR2003090355

	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. John N. Slone		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Samuel A. Crumpler		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests 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).

2.  The applicant states, in a letter to her Representative in Congress, that the FSM completed and returned a DD Form 1883 (Survivor Benefit Plan Election Certificate) although she has been unable to find a copy.  The FSM told her before he died that he had taken care of everything possible to ensure that she would receive all available benefits.  She points out that she is the only beneficiary shown on all his other military benefits forms.

3.  The applicant provides an SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate); an SGLV Form 8386A (Family Coverage Election); a TSP Form 3 (Thrift Savings Plan Designation of Beneficiary); and a Standard Form 2823 (Designation of Beneficiary Federal Employees' Group Life Insurance Program).

CONSIDERATION OF EVIDENCE: 

1.  The FSM was born on 30 October 1948.  After having had prior service, he was appointed a warrant officer in the Army National Guard.  

2.  The FSM's notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 8 July 1995.  He apparently was divorced on that date and did not make an RCSBP election at that time.  

3.  The FSM and the applicant married on 18 July 1998.  The marriage certificate notes that he had three previous marriages.

4.  On 7 August 1998, the FSM completed a TSP Form 3 making the applicant the beneficiary of his Thrift Savings Plan.  On 7 August 1998, he completed a Standard Form 2823 making the applicant the beneficiary of his Federal Employees' Group Life Insurance.  On 11 August 1998, the FSM completed an SGLV Form 8386 making the applicant the beneficiary of his Servicemens' Group Life Insurance.  On 6 November 2001, he completed an SGLV Form 8286A making the applicant the beneficiary of his Family Coverage insurance.

5.  The FSM died on 17 January 2003.

6.  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.  

7.  Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married or has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.  

DISCUSSION AND CONCLUSIONS:

1.  The FSM's 20-year letter was dated 8 July 1995.  It appears he was not married at that time and, by failing to return the DD Form 1883, did not make an RCSBP election.

2.  The FSM and the applicant married in 1998.  The applicant states that the FSM did execute a DD Form 1883; however, she has been unable to find a copy even though she had copies of several other insurance forms listing her as the beneficiary.

3.  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 three years after he received his 20-year letter.  In the absence of substantiating evidence (i.e., the DD Form 1883) it does not appear that failure to grant the applicant’s requested relief would be inequitable.  

4.  In addition, it appears the FSM had been married three times previously.  In the absence of those divorce decrees being available for review, it cannot be determined if the FSM was required to provide for former spouse SBP coverage.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jns__  __sp____  _sac____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		__John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090355	
SUFFIX		
RECON		
DATE BOARDED	20031216	
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.