MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001                   
	DOCKET NUMBER:   AR2001056993

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 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).

APPLICANT STATES:  The FSM elected option A in June 1984.  He applied for retired pay at age 58 and submitted it on 19 October 2000, electing to participate in the SBP.  He passed away on 13 March 2001.  He put in 24 years in the military and she feels she is entitled to the annuity that he selected upon retirement.

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

He was born on 8 April 1942.  He enlisted in the Army National Guard on          25 October 1963.  He and the applicant married on 2 January 1978.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated          6 March 1984.

On 15 June 1984, the FSM completed a Survivor Benefit Plan Election Certificate, DD Form 1883, declining to enroll in the RCSBP by electing option A, deferring his election until age 60.  The applicant also signed the DD Form 1883. 

On 8 October 1987, the FSM was transferred to the Retired Reserve.

On 25 September 2000, the FSM applied for retired pay.  At that time, he completed a Data for Payment of Retired Personnel, DD Form 2656, and elected to enroll in the standard SBP for spouse coverage.

On 13 March 2001, the FSM died of cancer of the esophagus prior to reaching age 60.

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

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 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 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 – 30 September 1992.  Public Law 101-510, enacted 5 November 1990, delayed the start of the Open Season to 1 April   1992 – 31 March 1993.

Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000.

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.  There is no evidence of Government error or injustice in this case.

2.  The evidence of record shows that the FSM, with the applicant’s knowledge, elected in 1984 not to enroll in the RCSBP and instead gamble that he would live to age 60 to enroll in the standard SBP with concomitant savings in RCSBP/SBP costs.  Prior to reaching age 60, the FSM had two opportunities, during the  1991-1992 Open Season or the 1999 – 2000 Open Season, to enroll in the RCSBP.  He failed to do so.  Unfortunately, he then died prior to reaching age 60.

3.  Regrettably, 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

__jns___  __mvt___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056993	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.