PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 June 2003
	DOCKET NUMBER:   AR2002082983

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 enrolled in the Reserve Component Survivor Benefit Plan (RCSBP).

3.  The applicant states that the FSM signed the necessary form but that she is currently not receiving any benefits. 

4.  The FSM was born on 10 February 1944.  His military records show that he enlisted in the Puerto Rico Army National Guard on 30 June 1963.

5.  The National Guard Bureau sent the FSM his Notification of Eligibility for Retired Pay at Age 60 (his 20-Year letter) on 27 June 1986.

6.  The FSM signed the DD Form 1883 (Survivor Benefit Plan Election Certificate) on 21 August 1986.  He elected to enroll in the RCSBP for spouse and children coverage, full base amount, option C.  This DD Form 1883 was filed in his military personnel records.

7.  The FSM died on 18 March 2002 at age 58 of heart failure.

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.  If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.  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.  The Retirements and Annuities Section, U. S. Army Reserve Personnel Command (AR-PERSCOM) informed the Board Analyst that the applicant applied for the RCSBP annuity but she was denied because they had no record that the FSM ever enrolled in RCSBP.

CONCLUSIONS:

1.  The Board considered the applicant’s request that the records of her deceased spouse be corrected to show he enrolled in the (RCSBP).

2.  The evidence of record shows that the FSM’s 20-Year letter was dated 27 June 1986.  A DD Form 1883, on file in his military personnel records, shows that he elected to enroll in the RCSBP for full base amount option C and that he elected spouse and children coverage.  It appears this DD Form 1883 was never forwarded to AR-PERSCOM.

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

RECOMMENDATION:

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 18 April 2002 and that her application was accepted by the appropriate office and processed in a timely manner, thereby entitling her to receipt of the RCSBP annuity.

BOARD VOTE:  

___JL___  ___JLP__  ___PMS_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002082983	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	130	
ISSUES         1.	137.0100.0000	
2.		
3.		
4.		
5.		
6.