ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2019 DOCKET NUMBER: AR20180014940 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) * DD Form 1883 (Survivor Benefit Plan Election Certificate) * DD Form 2656 (Data for Payment of Retired Personnel) * NGB Form 22 (Departments of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service) * Retirement Points History Statement * FSM's 20 year letter * State of New Hampshire Certificate of Death * The Commonwealth of Massachusetts Certificate of Marriage FACTS: 1. The applicant, the spouse of the FSM, states: * she would like the Board to correct the RCSBP election on the FSM's DD Form 1883 * the FSM made the proper election at the time of receipt; however did not sign the DD Form 1883 by accident * the FSM passed away after he submitted his retired pay application in February 2018 * the FSM was 59 years old when he passed away * because he didn't sign the DD Form 1883, the applicant has been denied the 55 percent she is entitled to 2. The FSM received his 20 year letter on 3 November 1996 notifying him he would be eligible for retired pay at the age of 60. He was discharged from the Army National Guard on 3 November 1996. The marriage certificate provided by the applicant indicates they were married on 25 July 1998. 3. The applicant provides a DD Form 1883 with the election for RCSBP for spouse only, full coverage, and immediate coverage. The FSM did not sign or date the form. 4. The applicant provides a DD Form 2656 listing her as the the FSM's dependent for the SBP. The FSM elected coverage for spouse only and coverage based on full gross pay. He signed the form on 14 February 2018. 5. The FSM passed away on 27 April 2018. He was 59 years of age at the time of his death. 6. Title 10, U.S. Code, section 1448(a)(5), provides that a person who is not married upon becoming eligible to participate in the SBP, but who later marries may elect to participate in the SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within 1 year after the date on which that person marries. The FSM and applicant were married on 25 July 1998. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the Soldier’s 20-year letter, the marriage certificate, the Survivor Benefit Plan Election Certificate for spouse only coverage (undated and unsigned), the Soldier’s signed application for retired pay that reflects information specific to Survivor Benefit Plan elections and the certificate of death for the Soldier at age 59. The Board determined, by preponderance of evidence, that the Soldier intended to elect SBP for his spouse and that a correction was appropriate. 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 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 he: - completed (dated and signed) a DD form 1883 (Survivor Benefit Plan Election Certificate) showing elections of: Spouse Only; Full Amount; and Option C within one year of his 25 July 1998 marriage to the applicant; - that his request was received and processed in a timely manner by the appropriate authority, and - that the applicant is entitled at a Survivor Benefits Plan beneficiary to receive the annuity amount, less premiums required for the coverage from effective date of the plan. 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. 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. It clearly states that members who receive their 20- year letter have 90 days 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. 3. Title 10, U.S. Code, section 1448(a)(5), provides that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP, but who later marries or acquires a dependent child, may elect to participate in the SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within 1 year after the date on which that person marries or acquires that dependent child. ABCMR Record of Proceedings (cont) AR20180014940 3