ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2019 DOCKET NUMBER: AR20190003795 APPLICANT REQUESTS: Reconsideration of her previous request to correct her late husband's, the former service member (FSM), records to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * RCSBP Election Certificate * Reassignment Orders * notarized self-authored letter * previous Army Board for Correction of Military Records (ABCMR) case * 20 year letter FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20150016258 on 16 March 2017. 2. The applicant states: * the RCSBP Election Certificate was signed by the FSM and notarized * per the ABCMR denial letter, a witness was supposed to sign the RCSBP Election Certificate as well * the notary stated no witness was needed and the notary seal was sufficient with the FSM signing in front of her * she has included a letter stating the notary was present at the time of the FSM's signature to the RCSBP Election Certificate * the FSM was unaware there was a time limit to sign his spouse up for the SBP/RCSBP upon getting married * at the time he received his 20 year letter he was not married * the FSM knew he could only sign for one person to receive his benefits * per the FSM there were special circumstances that attributed to signing the applicant up late for the benefits * the applicant had a medical condition, which kept them distracted for the first 2 years of their marriage * her health got better the following year and they completed the SBP/RCSBP election * the FSM passed away on 17 April 2015 * shortly after his death the applicant's medical diagnosis returned * she was unable to complete the application for correction in a timely manner 3. The FSM received a 20 year letter dated 19 December 2002. At the time of receipt, he was not married. The FSM and the applicant were married on 29 December 2006. 4. The FSM completed the RCSBP Election Certificate on 27 July 2008. He elected immediate full coverage and made the applicant his beneficiary. Items 19a through 19d of the form are blank. 5. The applicant states the FSM's signature was notarized by Ms. Her name and signature are not present on the document. The applicant provides a self-authored notarized letter stating: * Ms. was present and a witness to the FSM's signature on 27 July 2008 * the notary stated a witness signature was not required and the notary seal verified the FSM's signature * the applicant requests the Board allow the letter of verification to correct the RCSBP Election Certificate * she gives Ms. contact information 6. The notary signed the letter on 21 February 2019. She stated "I certify that this is a true and correct copy of a document in the possession of" the applicant. 7. The FSM died on 17 April 2015 at the age of 55. He did not receive retirement pay because he did not reach the age of 60 prior to his death. The applicant signed the RCSBP consenting to the FSM's RCSBP election as indicated on 4 May 2015. 7. The applicant received a letter from US Army Human Resources Command dated 17 September 2015. The letter denied her application for benefits due to the FSM failing to make his RCSBP election one year after the date of his marriage. 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 of marriage. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request, the FSM’s record of service, the FSM’s marital status at the time of retirement, the incomplete 2008 RCSBP election form, the statement provided by the applicant and the FSM’s passing. The Board found insufficient evidence to show that the FSM made an election for RCSBP within one year of marriage and that the subsequent election was completed or submitted to or accepted by appropriate authorities. Based upon a preponderance of evidence, the Board determined that denial of the applicant’s request was not in error or unjust. 2. 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 evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20150016258 on 16 March 2017. 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). 2. 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) AR20190003795 4