SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           28 February 2002
	DOCKET NUMBER:   AR 2001066054

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 1 August 2000 and 31 May 2001 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 1 August 2000 and 31 May 2001.

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

11.  On 11 December 2001, the Defense Finance and Accounting Service – Denver Center (DFAS-DE) informed the Board that the applicant had requested Congressional assistance in seeking full payment of her back Reserve Component Survivor Benefit Plan (RCSBP) annuity.

12.  In the applicant’s previous two Board actions on 1 August 2000 (docket number AR1999034548) and 31 May 2001 (docket number AR2001057267), the Board acted on the presumption that the Barring Statute applied.  Title      31, U. S. Code, section 3702 prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.  This resulted in the Board granting the applicant only partial, not full, relief.  

13.  On 11 December 2001, DFAS-DE advised the Board that Title 10, U. S. Code, section 1552(g), was amended in 1998 to expand the definition of “military record” and now provides discretionary authority to change records to show a valid submission of a claim by a member or beneficiary within the period prior to expiration of the statute of limitations.  Therefore, the applicant’s “military record” could be corrected to show she submitted her request for the RCSBP annuity within 6 years of the former service member’s death and therefore entitling her to the annuity retroactive to 22 October 1981, the date of his death.

14.  In light of the amendment to Title 10, U. S. Code, section 1552(g), full relief can now be granted to the applicant.

THE BOARD ADDITIONALLY CONCLUDES: 

9.  At the time of the Board’s 1 August 2000 and 31 May 2001 decisions in this case, it was the intent of the Board to correct the applicant’s record to the maximum extent allowed by law and equity.

10.  The Board erred in applying the Barring Statute in its 1 August 2000 and    31 May 2001 decisions.  Accordingly, the applicant is entitled to a correction of record to show she submitted her request for the RCSBP annuity on 1 November 1981, within 6 years of the former service member’s death on 22 October 1981.  This will entitle her to receive the annuity retroactive to the date of his death.

11.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

1.  That the recommendations made in the Board’s Proceedings dated 1 August 2000 and 31 May 2001 related to this case and the Deputy Assistant Secretary of the Army’s approvals of those recommendations dated 4 August 2000 and        11 June 2001 are corrected, revised, and modified as follows:

     a.  That all of the Department of the Army records related to this case be corrected by showing that the applicant applied for the RCSBP annuity on                1 November 1981.

     b.  That the applicant be paid the RCSBP annuity retroactive to 22 October 1981, the date of the former service member’s death in accordance with his RCSBP election of spouse coverage, option C.

2.  These corrections supplement the previous Board decisions and Secretarial approval in this case.

BOARD VOTE:

__rvo___  __cla___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001066054	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.