ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 September 2020 DOCKET NUMBER: AR20170007477 APPLICANT REQUESTS: to receive the former service member's (FSM) Reserve Component Survivors Benefit Plan (RCSBP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter from Army Human Resources Command (HRC) * 20 year letter * SBP Election Certificate * Marriage Certificate * Death Certificate * Verification for Survivor Annuity * NGB Form 22 (Report of Separation and Record of Service) * Retirement Points History * Monthly Cost and Annuity * New York Army National Guard (ARNG) letter of transfer to retired reserve * US Army Reserve (USAR) Command record of service * deposit enrollment request form * direct deposit sign up form * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant, the spouse of the FSM, states she compassionately requests to have her benefit annuity reinstated. It was her understanding her benefit would commence at 60 years of age and it would automatically be sent to her. She did not know the exact benefit her late husband had elected. She was never counseled on how to apply. In September 2016, she contacted a Fort Drum benefit coordinator. The applicant was instructed to forward all appropriate paperwork and a SF Form 180 to secure a copy of the FSM's paperwork. The benefit coordinator submitted the paperwork to the SBP office. She had not heard a response by the end of December 2016, so she contacted her Congresswoman. 2. The applicant provides the following documents for the Board's consideration: a. a letter from HRC dated 27 March 2017, stating her application for SBP was denied and the statute of limitation for her claim was reached on 13 June 2016. b. the FSM's 20 year letter dated 1 March 2001. c. a DD Form 1883 (SBP Election Certificate), signed by the FSM on 1 May 2001, which shows: * the FSM elected coverage for spouse and children * he claimed it at the full rate and immediate coverage d. the applicant's name appears on the form as the FSM's spouse. e. a marriage certificate showing the applicant and FSM were married in 1985. f. the FSM's death certificate showing he died on June at the age of 49. g. a Verification for Survivor Annuity signed by the applicant on 20 March 2017. h. an NGB Form 22 (Report of Separation and Record of Service) showing the FSM retired from the ARNG on 1 July 2001 with 20 years, 4 months, and 14 days of service. i. an ARNG Retirement Points History Statement dated 17 March 2017 showing the FSM had 20 years, 4 months, and 14 days of service. j. a Monthly Cost and Annuity form signed by the FSM and the applicant on 6 May 2001. k. a letter from the New York ARNG dated 1 May 2002 transferring the FSM to the Retired Reserve. l. a record of service from USAR Personnel Command, dated 27 December 2002. m. a Non-Federal Direct Deposit Enrollment Request Form from Bank of America. n. a Direct Deposit Sign-Up Form signed by the applicant on 20 March 2017. 3. 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. Prior to 1 January 2001, a member must make an election within 90 days of receipt of the notification of eligibility or he will receive option A. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board noted that the only barrier to the applicant receiving the Reserve Component SBP annuity is her failure to submit a Verification for Survivor Annuity within 6 years of the death of her spouse. The Board determined the record should be corrected to show she submitted a timely request to receive the Reserve Component SBP annuity and pay her the annuity. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 showing she submitted a request to receive the Reserve Component Survivor Benefit Plan annuity the day after the former service member's death and pay her the annuity in accordance with the program's rules. 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. REFERENCE: 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007477 3