PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 July 2002
	DOCKET NUMBER:   AR2001064285

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T.Meixell		Member	
	Mr. Harry B. Oberg		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he received a 15-year letter and to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).

3.  The applicant states that the FSM was medically unfit and should have received a notice of eligibility to receive retired pay at age 60 (a 15-year letter).  

4.  The FSM’s military records show that he was born on 23 March 1944.  He and the applicant married in June 1967.  He enlisted in the U. S. Army Reserve (USAR) on 29 April 1977.  

5.  By letter dated 28 March 1996, the FSM’s unit was informed that he did not meet the standards of medical fitness for retention in the USAR.  The FSM was offered the options of discharge from the USAR; transfer to the Retired Reserve if eligible (if he had over 15 years of service, he could be eligible for retirement benefits at age 60); or a waiver for retention.  He elected transfer to the Retired Reserve and effective 15 July 1996 he was transferred to the Retired Reserve.  He had 15 years of qualifying years of service at that time.  

6.  The FSM died on 14 July 2001.

7.  Title 10. U.S. Code, section 12731a was the temporary special retirement qualification authority.  A revision dated 5 October 1994 provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who had completed at least 15, and less than 20, years of qualifying service and who no longer met the qualifications for membership in the Selected Reserve solely because the member was unfit because of physical disability, and upon the request of the member, could be transferred to the Retired Reserve.  He or she would be treated as having met the service requirements and be provided with the notification required if he or she had completed at least 15 and less than 20 years of service.

8.  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.  A member must make the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elect to participate in the standard SBP.

9.  In the processing of this case, an advisory opinion was obtained form the     U. S. Army Reserve Personnel Command, Transition and Separations Branch.  That office stated that the Command will publish a 15-year letter when such is requested in writing by a member’s major subordinate command and accompanied by the proper documentation.  The FSM’s major subordinate command did determine that he was medically unfit for service but failed to request he be issued a 15-year letter.  He met the criteria and was eligible for such a letter.  Had the major subordinate command stated in their order that he was to receive a 15-year letter, one would have been provided.

10.  A copy of the advisory opinion was provided to the applicant for comment.  She did not respond within the given time frame.  

CONCLUSIONS:

1.  The FSM met the eligibility criteria to receive a 15-year letter and thus become eligible to receive retired pay at age 60.  It appears that through an oversight his unit did not request he be issued a 15-year letter.

2.  If the FSM had received his 15-year letter at the time, he would have had an opportunity to enroll in the RCSBP.  Since he was medically unfit for retention at that time, it would have been reasonable to expect him to have enrolled in the RCSBP at that time for option C, full base amount, spouse coverage.  

3.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the FSM was issued a 15-year letter when he transferred to the Retired Reserve on 15 July 1996 in accordance with the Temporary Special Retirement Qualification Authority and that he enrolled in the RCSBP for option C, full base amount, spouse coverage on 1 August 1996.  

2.  That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any RCSBP costs due.  

3.  That the applicant be paid an annuity based upon the FSM’s election to participate in the RCSBP retroactive to 14 July 2001, the date of his death.

BOARD VOTE:  

__TSK__  __JTM__  __HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064285	
SUFFIX		
RECON		
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.