ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20170008027 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) * 20 year letter * Application and permit for disposition of human remains * marriage certificate * death certificate * letter from US Army Reserve (USAR) Personnel Center * two DD Forms 214 (Report of Separation from Active Duty) FACTS: 1. The applicant, the spouse of the FSM, states: * she was not aware that her spouse, the FSM, did not elect benefits for her * she feels as though she is entitled to benefits as the FSM's spouse 2. The FSM's records are void of a DD Form 1883 (SBP Election Certificate). 3. The applicant provides the following documents for the Board's consideration: * the FSM's 20 year letter, dated 17 April 1995, which states: > he had 90 calendar days from the day he received the letter to submit his DD Form 1883 > if he did not submit the DD Form 1883 within 90 days he would not be entitled to SBP coverage until he reached the age of 60 > if he did not elect coverage and died before the age of 60, his survivors would not be entitle to SBP * an Application and Permit for Disposition of Human Remains showing: > the FSM's date of birth was > his date of death was 11 December 2015 > the form was signed on 29 February 2016 * a Commonwealth of Virginia Certificate of Marriage showing the FSM and the applicant were married on 16 October 1976 * a County of Los Angeles Certificate of Death showing the FSM died on 11 December 2015 at the age of 61 * a letter from USAR Personnel Center, dated 25 August 1997, which states: > the FSM failed to submit the RCSBP election certificate within the 90 day period > his survivors would not receive an annuity if his death occurred prior to age 60 4. See below for applicable references. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. The records should be corrected to show that the service member signed and submitted the DD Form 1883 on 17 June 1995 within the 90 days required for applying for RCSBP for his survivors/spouse. ? 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 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 showing that the service member signed and submitted the DD Form 1883 on 17 June 1995 within the 90 days required for applying for RCSBP for his survivors/spouse, and provide RCSBP to the service member’s widow. 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: 1. 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. 2. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse’s written concurrence for a retiring member’s election that provided less than maximum spouse coverage. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20170008027 3