IN THE CASE OF: BOARD DATE: 13 January 2011 DOCKET NUMBER: AR20100018059 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his 21 October 1999 Reserve Component (RC) Survivor Benefit Plan (SBP) election of option A (Defer) be changed to option C (Immediate Coverage). 2. The applicant states he is requesting that his RCSBP election of 1999 be changed from option A which deferred his election to age 60 to option C so his current spouse can be covered under the SBP. He further states he was not counseled that his election of option A would be closing the category for his spouse or any future spouse. 3. The applicant provides the following documents in support of his application: * DD Form 2656-6 (SBP Election Change Certificate) * marriage license * DD Form 1883 (SBP Election Certificate). * divorce decree CONSIDERATION OF EVIDENCE: 1. The applicant was born on 24 October 1959. On 13 August 1999, the Mississippi Army National Guard published a Notification of Eligibility for Retired Pay at Age 60 (20-year letter) for him. The notification informed the applicant he had completed the necessary qualifying service for retired pay at age 60. 2. On 21 October 1999, the applicant completed a DD Form 1883 in which he confirmed he was married and had dependent children. In item 9c the applicant elected option A and was referred to the reverse side of the form for the instructions related to his election. It further indicated that the decision made with respect to participation in the SBP was a permanent and irrevocable decision and advised the applicant to consider his decision and its effects very carefully. The instructions for option A on the reverse side of the form stated the applicant was declining to make an election at the time and that he would remain eligible to make an election for coverage at age 60. The instructions further stated if the member did not elect option B or C and died before reaching age 60, the survivor would not receive benefits. The applicant and his spouse at the time authenticated the election form, including their understanding of the instructions, with their signatures on 21 October 1999. 3. On 3 March 2006, the applicant and his spouse at the time of his SBP election were divorced. 4. On 11 July 2006, the applicant submitted a DD Form 2656-6 in which he indicated he was divorced and attempted to change to his SBP election to "children only." 5. On 21 October 2006, the applicant married his current spouse. 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 RCSBP 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, or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. An election, once made, is irrevocable except as provided for by law. RCSBP/SBP elections are made by category, and beneficiaries are not designated by name. For example, if a member elects "spouse only" coverage, in the case of divorce and remarriage, the spouse at the time of the member's death is entitled to receive the annuity unless "former spouse" coverage was elected subsequent to the divorce. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his record should be corrected by changing his RCSBP election from option A to option C in order to provide coverage for his current spouse because he was not properly counseled has been carefully considered. However, there is insufficient evidence to support this claim. 2. By law, RCSBP/SBP elections are made by category, and beneficiaries are not designated by name. For example, if a member elects "spouse only" coverage, in the case of divorce and remarriage, the spouse at the time of the member's death is entitled to receive the annuity unless "former spouse" coverage was elected subsequent to the divorce. The law also stipulates that SBP plan elections are irrevocable unless allowed for under some other provision of law such as a Congressionally-authorized open season. 3. The evidence of record confirms the applicant submitted an RCSBP election of option A in 1999, thereby electing to defer his election decision until he reached age 60. It further confirms his spouse at the time concurred in that decision. The evidence further shows the DD Form 1883 contained instructions advising that if the applicant died prior to reaching age 60, no benefits would be provided. The form also informed the applicant that his election was irrevocable. As a result, there is an insufficient evidentiary basis to support granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100018059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1