ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  16 July 2019

	DOCKET NUMBER:  AR20180002379


APPLICANT REQUESTS: 

*	retroactive correction of her DD Form 1883 (Reserve Component Survivor 
Benefit (RCSBP) Election Certificate) to show “none” and changed to Option A 
(Deferred)
*	retroactive dis-enrollment from the RCSBP
*	reimbursement of all premiums 
*	a personal hearing before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Marriage Certificate, dated 25 September 1982
*	DARP Form 3656-R (Reserve Component Supplemental SBP Election 
Certificate, dated 31 July 1998
*	DD Form 1883, dated 31 July 1998
*	DD Form 2656 (Data for Payment of Retired Personnel), dated 28 March 2017

FACTS:

1.  The applicant states she feels she was not properly or correctly counseled on the full 
scope of the RCSBP, and if she had been, she would have declined the coverage at the 
time had she been given the correct information at the time of her election.

2.  The applicant’s service record is not available for review due to the applicant being a 
General Officer and the analyst of record Interactive Personnel Electronic Records 
Management System viewing limitations.

3.  The following documents were provided by Case Management Division for review 
with this case:

*	31 July 1998 – DD Form 1883 was completed showing the following in:

*	section 2 (Marital, Dependency, and Election Status) 

*	item 6: Are you Married “Yes”
*	item 7: Do you Have Dependent Children “Yes”
*	item 8b: Spouse and Children Coverage “Yes”
*	item 9c: Option C “Immediate Coverage”

*	section 3 (Family Information) the applicant listed as her spouse and they 
were married on 25 September 1982
*	section 6 (Signatures) the applicant endorsed this form along with her spouse 
and a unit representative
*	the applicant declined coverage under the Reserve Component Supplemental 
Survivor Benefit Plan

*	3 January 2017 – the applicant completed DD Form 2656-2 showing the 
following in:

*	section 3 (Retired Member Identification) item 4, by her signature she 
requested to discontinue in the SBP
*	section 4 (Spouse Concurrence), item 5, by his signature, her spouse 
understood the advantages and disadvantages of the decision to terminate 
the SBP
*	the form was witnessed and notarized on 3 January 2018

*	3 November 2017 – Orders Number 307-866, issued by the State of NC, Joint 
Forces Headquarters, honorably separated the applicant from the Army National 
Guard and transferred her to the Retired Reserve
*	19 December 2017 – Orders Number C12-790307, issued by the U.S. Army 
Human Resources Command, retired the applicant and placed her on the Retired 
list

4.  The applicant provides DD Form 2656 showing in section 9 (SBP Election), item g, 
she elected not to participate in the SBP.  She and her spouse endorsed this form in the 
presence of a witness.

5.  See applicable SBP laws below. 

6.  AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states an 
applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized 
by a panel of the ABCMR or by the Director of the ABCMR.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
available record and law regarding SBP elections.  The Board considered the 
applicant’s statement, her record of service, the properly completed RCSBP election 
forms in the records and the applicant’s retirement.  The Board found documentation in 
the file reflects the applicant received counseling regarding RCSBP, specifically the 
nature and effects of each election option. The applicant acknowledged via her 
signature that she understood the election options as well as their irrevocability. For 
over 20 years, the applicant, her spouse, and her dependent children have received the 
benefit of SBP coverage. If the applicant were to have died from 1998 through present, 
her beneficiaries would have received an SBP annuity to which they would not 
otherwise have been entitled.  Based upon a preponderance of evidence, the Board 
determined that the applicant’s enrollment in RCSBP was not in error or unjust.

2.  The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.
3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The applicant's request for a personal appearance hearing was carefully considered. In 
this case, the evidence of record was sufficient to render a fair and equitable decision. 
As a result, a personal appearance hearing is not necessary to serve the interest of 
equity and justice in this case.
 


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable




REFERENCES:

1.  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

At the time, a member must have made the election within 90 days of receiving the 
notification of eligibility to receive retired pay at age 60 or else have waited until he/she 
applied for retired pay and elected to participate in the standard SBP.

2.  Public Law 105-85, enacted 18 November 1997, established the option to terminate 
SBP participation.  Retirees have a one-year period, beginning on the second 
anniversary of the date on which their retired pay started, to withdraw from SBP.  The 
spouse’s concurrence is required.  No premiums will be refunded to those who opt to 
dis-enroll.  Reservists who elected an option under the RCSBP will continue to have the 
Reservist Portion cost deducted from their retired pay.

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it 
states in paragraph 2-11 that applicants do not have a right to a hearing before the 
ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice 
requires.

ABCMR Record of Proceedings (cont)	 AR20180002379

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