ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20190009895 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) * letter from Army Human Resources Command (HRC) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to the DD Form 214) * State of Georgia Marriage Certificate * State of Georgia Death Certificate * DD Form 1883 (Survivor Benefit Plan Election Certificate) FACTS: 1. The applicant did not file within the time frame provided in the statute of limitations; however, the Army Board for Correction of Military Records has elected to conduct a substantive review of this case and has determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant, the spouse of the FSM, states: * she would like the Board to change the FSM's records to show she is eligible for the SBP benefits * the SBP form was signed on 23 March 1995 by the FSM * a witness did not sign the form 3. The FSM received his 20 year letter on 22 February 1995 notifying him he would be eligible for retired pay at the age of 60. The FSM signed a DD Form 1883 on 23 March 1995 stating he wanted coverage for his spouse and children and election option B electing 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. 4. The FSM's records show he was honorably discharged and placed in the retired reserves on 8 March 2000. The applicant provides the FSM's death certificate which shows the FSM died on 18 December 2012 at the age of 58. 5. The applicant provides a letter she received from HRC which states she is not eligible to receive the RCSBP benefits because the DD Form 1883 did not contain a witness's signature and because the FSM chose option B which required the applicant's signature. 6. The applicant also provides the following documents for the Board's consideration: * the FSM's DD Form 214 showing he was discharged from active duty on 10 April 1991 with 4 months and 11 days of net service for that period * a DD Form 215 correcting the FSM's prior inactive duty service time and correcting the spelling of the name of his nearest relative * a Georgia marriage certificate showing she and the FSM were married on 25 May 1989 7. 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. Prior to 1 January 2001, a member must make an election within 90 days of receipt of the notification of eligibility or he will receive option A. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. As a matter of fairness and equity, the DD Form 1883 signed by the FSM on 23 March 1995 stating he wanted coverage for his spouse and children and election option B electing 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 was signed by a witness and the FSM spouse. Accordingly, the spouse should be provided SBP benefits effective the date of the death of the FSM, 18 December 2012. 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 DD Form 1883 signed by the FSM on 23 March 1995, stating he wanted coverage for his spouse and children and election option B electing 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, was signed by a witness and the FSM spouse on 23 March 1995; and the spouse paid SBP benefits effective the date of the death of the FSM, 18 December 2012. 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190009895 4