MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           29 August 2000                  
	DOCKET NUMBER:   AR1999029509

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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: Reconsideration of her previous application to correct the deceased former service member’s (FSM) military records by showing that he enrolled in the Reserve Components Survivor Benefit Plan (RCSBP).

APPLICANT STATES:  In effect, she repeats her previous argument and forwards copies of correspondence from the Army Reserve Personnel Center.  These include the following: A 2 December 1985 postcard reply to an inquiry about the SBP.  It provides the name and telephone number of a person to contact.  A 19 September 1991 letter to the FSM indicates that a DD Form 1883 (SBP Election Certificate) must be signed by the FSM, his spouse and a disinterested party and returned within 90 days.  A 2 August 1993 postcard reply indicates that a DD Form 1883 had been received on 1 June 1993.  A death certificate shows the applicant died on 5 June 1992.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 16 June 1999 (COPY ATTACHED).

The documents submitted constitute new evidence that requires Board consideration.  

Title 10, United States Code, section 1448(a)(5) provides that an eligible retired service member has one year from the date of marriage to make a RCSBP election.  

There is no evidence as to when the FSM and the applicant considered themselves to be spouses under the common law provisions.  However, the FSM listed the applicant as a spouse as early as 1975. 

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 documents submitted clearly show that the FSM was informed by a 
19 September 1991 letter that the DD Form 1883 needed to be signed by both of them, witnessed and returned within 90 days.  However it was not returned until 1 June 1993 which was approximately 18 months late and very nearly a year after the FSM’s death.
 
2.  The law provides only a year for making an SBP election following marriage.  Granting the requested relief would, in effect, provide the FSM and the applicant an unlimited period.

3.  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

__JDM__  ___RA__   ___CG___  DENY APPLICATION

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

INDEX

CASE ID	AR1999029509	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	137.00	
2.		
3.		
4.		
5.		
6.