IN THE CASE OF:  	  

		BOARD DATE:  15 September 2015	  

		DOCKET NUMBER:  AR20140021379 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the spouse of the deceased former service member (FSM) requests, in effect, correction of his records to show that he completed the appropriate documents and she is entitled to a Survivor Benefit Plan (SBP) annuity.

2.  The applicant states the FSM completed the required form for enrollment in SBP in 1997, retired in 1999, and died prior to attaining age 60 and receiving his Army National Guard (ARNG) retirement.

3.  The applicant provides copies of an ARNG Retirement Points History Statement, ARNG Honorable Discharge Certificate, DD Form 1883 (Survivor Benefit Plan Election Certificate), and the FSM's Death Certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM served in an active ARNG status from 14 August 1976 through 1 September 1999.

2.  On 14 August 1996 the FSM completed 20 years of qualifying service and received his Letter of Notification of Eligibility for Retired Pay at Age 60 
(20-Year Letter) on 4 May 1997.

3.  The FSM completed a DD Form 1883 on 4 May 1997 and a copy of this form is in his official file.  It shows he elected full coverage under Option C for his spouse and children.
4.  The applicant transferred to the Retired Reserve on 1 September 1999 and passed away at age 57 on 7 June 2012.

5.  Communication with the Defense Finance and Accounting Service (DFAS) indicates they do not have a copy of the SBP election form on file.

6.  Public Law 95-397, the Reserve Component SBP, 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 does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity (costs for option C being the more expensive).

DISCUSSION AND CONCLUSIONS:

1.  The FSM properly completed an SBP election certificate 2 years prior to his transfer to the Retired Reserve, and it is unclear why this election form was not forwarded to DFAS.  

2.  A copy of a DD Form 1883 dated 4 May 1997 shows the FSM elected to participate in the RCSBP and both the FSM and the applicant initialed and dated this form.

3.  In view of the foregoing, it would be appropriate to correct the FSM’s records to show he elected spouse coverage within the appropriate time allowed.  

4.  A copy of the DD Form 1883 should be forwarded to DFAS to initiate the appropriate action to show the FSM timely filed his election and his election was timely processed to establish the applicant’s entitlement to SBP benefits.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  showing the FSM timely completed the DD Form 1883 and it was timely forwarded to DFAS and processed; and 

   b.  paying the applicant an SBP annuity, effective the day after the FSM's death.



      ____________X____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20140021379



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021379



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1