MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 September 2002
	DOCKET NUMBER:   AR2002075287

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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:  That she be determined to be eligible to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity.

APPLICANT STATES:  That her deceased spouse, a former service member (FSM), completed his 20 years of service in 1972 and thereby earned a reserve military retirement.  In 1986, he completed a Survivor Benefit Plan Election Certificate, DD Form 1883.  When he died in 1988, she was advised that she was not entitled to any benefits since the FSM had not drawn any retired pay at the time of his death.  Since the FSM had elected option C, that information was not correct.  This situation was only recently discovered.  She has never remarried.  

EVIDENCE OF RECORD:  The FSM military records are not available.  Information contained herein was obtained from alternate sources.

The FSM was born on 6 March 1934.  He initially enlisted in the Army National Guard on 17 March 1951.  He and the applicant married on 9 November 1952.  He had a short break in service in 1970 and reenlisted in the Army National Guard in 1971.  His notification of eligibility for retired pay at age 60 is dated     20 April 1972.  His Army National Guard Retirement Points History Statement shows that he apparently was discharged from the Army National Guard in 1973.

Apparently, an audit team from the Iowa National Guard went to the U. S. Army Reserve Personnel Center (ARPERCEN) in 1985 to review the DD Forms 1883 on file at that location for members from Iowa with 20 years of service.  It was discovered at that time that there was no DD Form 1883 on file for the FSM.  The Iowa Guard Headquarters apparently notified him of the situation and his options. Apparently, that generated a request from the FSM to be enrolled in the RCSBP. 

On 17 April 1986, the National Guard Bureau sent a letter to The Adjutant General, Iowa, subject:  Administrative Review of Survivor Benefit Plan Election Certificate (DD Form 1883), and referenced the FSM.  The letter stated that, "An administrative review of the enclosed Survivor Benefit Plan Election Certificate has disclosed the following discrepancies or omissions:  Other:  Please send a copy of 20 yrs ltr.  Please send a completed copy of 1883.  Be sure to sign on reverse side of 1883 retiree and spouse."  A suspense date of 17 May 1986 was given.

The applicant provides a DD Form 1883 dated 8 May 1986 showing the FSM elected to participate in the RCSBP for spouse only coverage, full base amount, option C.  Apparently, the Iowa National Guard returned this DD Form 1883 to the National Guard Bureau by letter dated 13 May 1986.

The FSM died on 23 August 1988 at age 54.  His death certificate shows that he died of cardio arrest/acute myocardial infarction and that he had arteriosclerotic heart disease for the past three years.

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 death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.  An Open Season was established from 1 October 1978 - 3 September 1979 and later extended to 31 March 1980.

At the time of the Open Season, the Office of the Adjutant General, ARPERCEN sent a letter dated 1 July 1979 to "Dear SBP-Eligible Reserve Component Member."  It announced that the RCSBP was created effective 1 October 1978.  It gave a phone number to call with inquiries.  Members were encouraged to complete the enclosed DD Form 1883 even if they did not desire to participate. 

Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982.  A packet was mailed to Reserve Component members announcing the Open Season.  Enclosed was an ARPERCEN memorandum: subject:  Open Enrollment Period for the RCSBP.  The packet went to all retirement-eligible Reservists and Army National Guardsmen.  It read, "If you desire to participate, increase participation, or change coverage, please complete and return the inclosed (sic) postal card.  Upon receipt, you will be provided with the appropriate form for this purpose and a pamphlet to assist you in deciding on your new election."

Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 – 30 September 1992.  

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 FSM received his 20-year letter in 1972 and appears to have terminated his active relationship with the Reserve Component in 1973, prior to enactment of the RCSBP in 1978.  However, there is evidence to show that such members were notified of the 1978 - 1980 Open Season and the 1981 - 1982 Open Season.  There is no evidence to show the FSM expressed an interest in enrolling in the RCSBP at either of those times.
2.  It appears that the FSM's 1986 request for enrollment in the RCSBP was generated when a team from the Iowa National Guard reviewed his records at ARPERCEN and discovered no DD Form 1883 on file.  Unfortunately, there was no Open Season during 1986.  Even if he had been informed that his DD Form 1883 was invalid, there was nothing the FSM could subsequently have done to ensure his proper enrollment.  The next Open Season was scheduled for 1991; he died in 1988.

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

__EJA__  __TBR___  ___KAH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002075287	
SUFFIX		
RECON		
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.