ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 July 2019 DOCKET NUMBER: AR20180014395 APPLICANT REQUESTS: the Survivors Benefit Plan selected by her husband, the former service member (FSM) be honored. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 1883 (Survivor Benefit Plan Election Certificate) and attachments * NGB Form 23B (20 year letter) * State of North Carolina Death Certificate * self-authored letter FACTS: 1. The applicant states: * her husband, the FSM, completed the DD Form 1883 as directed by his unit * it was not signed until 2 days past the 90 day deadline due to the absence of a qualified SBP counselor * the error was discovered when Defense Finance and Accounting Service (DFAS) returned the application for annuity as denied * up to that point she and her husband had been assured everything was good 2. The 20 year letter addressed to the FSM was prepared on 15 September 1997. The FSM acknowledged receipt of the 20 year letter on 15 October 1997 and stated he understood he had 90 days to complete the DD Form 1883. 3. The FSM completed the DD Form 1883 on 17 December 1997, 62 days from the date he acknowledged receipt of the 20 year letter. He elected his wife as the beneficiary for his SBP and elected immediate coverage at the full amount. 4. The FSM died on 16 December 2015 at the age of 57. He did not receive retirement pay because he did not reach the age of 60 prior to his death. 5. An email from DFAS indicates there was not a retirement account for the FSM but they had received a Report of Death with the date of death being 15 December 2015. The email further states the FSM is a Deceased in Grey Area Reservist. If he elected immediate coverage on his DD Form 1883 while in the Grey Area, the applicant should receive an SBP Annuity. 6. Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to Soldiers and former Reserve Components Soldiers. It states members who receive their 20-year letter have 90 days from receipt to elect to participate in the RCSBP. Should they fail to do so, they may subsequently elect coverage under the SBP with their application for retired pay upon reaching age 60. Should the Soldier die before reaching their retired pay eligibility age, the survivors will not receive RCSBP benefits. 7. In a self-authored letter to the Board, the applicant explains what her nickname is and that it appears on the death certificate as the FSM's spouse in lieu of her given name. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the 20-year letter provided to the Soldier and the date of his death. The Board found that the evidence reflects the FSM received the 20 year letter on 15 October 1997 and submitted his SBP election on 17 December 1997, within the 90-day election period (of receipt, not the date of the letter sent to him). The signature verification of required document counseling reflects the FSM acknowledged receipt the 20 year letter on 15 October 1997 and his understanding he had 90 days to complete the DD Form 1883. The Board determined a preponderance of the evidence supports a finding that the FSM made an election for immediate spouse RCSBP coverage within the 90-day election period, then the applicant should have received an SBP annuity as the surviving spouse upon the FSM’s death in 2015. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 to show: - The Soldier completed his election and submitted his DD Form 1883, selecting Spouse Only, Full, Option C within 90 days of receipt of his 20-year letter; - That his DD Form 1883 was accepted and processed by the appropriate authority, and; - That his surviving Spouse beneficiary is entitled to receive SBP annuity payments effective the date of his death, less any premium costs. 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. ? REFERENCES: 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. 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). Prior to 1 January 2001, failure to elect an option within the 90-day election period resulted in a deferment of the election until the member reached retirement age (generally his or her 60th birthday). 2. Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers. It explains that retired pay is pay granted soldiers and former Reserve components soldiers who have completed 20 or more years of qualifying service and have attained age 60. Orders will be issued announcing the effective date eligible persons are entitled to retired pay. Chapter 3 describes the RCSBP. For 20-year letters issued prior to 1 January 2001, the regulation states that members who receive their 20-year letter have 90 days from date of receipt to elect to participate in the RCSBP and return the DD Form 1883. Should they fail to do so, they may subsequently elect coverage under the SBP with their application for retired pay upon reaching age 60. Should the Soldier die before reaching their retired pay eligibility age, the survivors will not receive RCSBP benefits. ABCMR Record of Proceedings (cont) AR20180014395 2