IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150005382 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150005382 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150005382 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 requests correction of his records to show he elected not to participate in the Survivor Benefit Plan (SBP). 2. The applicant states neither he nor his wife wish to be enrolled in the SBP. He states he signed his name in error after the notary public signature. 3. The applicant provides a notarized statement to the Army Review Boards Agency, dated 22 September 2014. CONSIDERATION OF EVIDENCE: 1. On 6 March 2008, the applicant was furnished a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). He was informed: a. He may elect any of the listed options and that the decision he made regarding his RCSBP was irrevocable. b. By law, he may not elect certain options unless his spouse agreed to the choice in writing. c. Public Law 106-398, enacted on 30 October 2000, requires that upon receipt of his 20-Year Letter, a qualified Reserve Component Member who was married would automatically be enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) under option C (Spouse and Child(ren)) coverage based on full retired pay unless spouse concurrence was provided to allow one of the listed options. d. An election must be made within 90 days of the date of his 20-Year Letter. 2. On 5 February 2014, his spouse signed a DD Form 2656 (Data for Payment of Retired Personnel) acknowledging the applicant's election not to participate in SBP. The DD Form 2656 was notarized on 5 March 2014. The applicant signed the DD Form 2656 on 9 August 2014. 3. On 5 September 2014, Orders C09-497573 was published retiring the applicant and placing him on the retired list, effective 1 May 2014. He completed 30 years, 2 months, and 19 days of qualifying service for retired pay purposes. REFERENCES: 1. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 2. 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 does not occur before age 60, the RCSBP costs for options B and C are deducted from the member's retired pay (costs for option C being the more expensive). Once a member elects either options B or C in any category of coverage, that election is irrevocable. Option B and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in RCSBP, and RCSBP coverage automatically rolls into SBP coverage. DISCUSSION: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. However, the applicant's SBP coverage automatically defaulted to full spouse coverage in 2008 when he apparently failed to respond to his 20-Year Letter within the 90-day window he was provided. He was not authorized to make a new election when he reached age 60. 3. The applicant provides no explanation and no information regarding his failure to make a timely SBP election. 4. Public Law 106-398, enacted on 30 October 2000, requires that upon receipt of his 20-Year Letter, a qualified Reserve Component Member who is married would automatically be enrolled in the RCSBP under option C coverage based on full retired pay unless spouse concurrence was provided to allow one of the listed options. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2