APPLICANT REQUESTS: In effect, disenrollment from SBP (Survivor Benefit Plan) participation and receive a refund of all costs paid. APPLICANT STATES: In effect, that he did not elect to participate in SBP; that this action was initiated without his consent; that if he had not been recently divorced and trying to change his beneficiaries he would not have known that SBP premiums were being deducted from his pay. The applicant also alleges that he is divorced, however the particulars are missing from his file. EVIDENCE OF RECORD: The applicant's military records show: He was born on 19 September 1957. He enlisted in the Regular Army on 8 April 1976. On 30 October 1978, while assigned to a unit in Germany, the applicant was involved in an motor vehicle accident. The applicant sustained multiple injuries and due to the extent of his injuries he was referred to a Physical Evaluation Board (PEB). The PEB found the applicant unfit for duty and recommended that he be placed on Temporary Disability Retired List (TDRL). The applicant concurred with the PEB findings and recommendation. On 29 March 1979, the applicant executed a DA Form 4240. The applicant initialed Part III, 12b electing SBP for spouse and dependent children based on full retired pay. He acknowledged that the election made was irrevocable. His signature was witnessed by the RSO (retirement services officer) and another individual from the Patients Affairs Division. On 26 June 1979, the applicant was released from active duty in pay grade E-4, by reason of physical disability. On 27 June 1979, the applicant was placed on TDRL with a disability rating of 70 percent. Sometime after the birth of his third child, the applicant was advised by Defense Finance and Accounting Service (DFAS) that his election had been mistakenly carried since the date of retirement as “spouse only”, children excluded,” and that no child costs had been collected. DFAS informed the applicant that he owed premium costs for SBP and that the deductions would be made from the Department of Veterans Affairs compensation. On 31 December 1980, the applicant was removed from TDRL and permanently retired in pay grade E-4 , by reason of permanent physical disability with a disability rating of 80 percent. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. The election made by the soldier was irrevocable. Title 38, United States Code, section 1318, provides that a service member may withdraw from the SBP after having held a 100 percent disability rating either for 5 continuous years from the last date of discharge from active duty, or 10 continuous years immediately preceding death. In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the SBP Board. The SBP Board recommended that the applicant’s request be disapproved and that the costs for the “child” portion of his “spouse and child” election until date of divorce and “child only” costs since date of divorce be collected retroactively. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: 1. The evidence of record shows that on 29 March 1979, the applicant elected SBP for spouse and dependent children (copy attached). He acknowledged in writing that the election made was irrevocable. His signature was witnessed by the RSO and another individual from the Patient Affairs Division. 2. The applicant’s allegation that he does not remember electing SBP participation does not provide a basis for granting the relief requested. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence which would satisfy the aforementioned requirement. 4. In view of the foregoing, there exists no basis for granting the applicant’s request. DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice. NOTE: The Commander, Army Reserve Personnel Center, is requested to advised DFAS, Cleveland, to audit the applicant’s account beginning with the date of his retirement to the present to ascertain the costs of the SBP premiums which may be owed. BOARD VOTE: GRANT GRANT FORMAL HEARING DENY APPLICATION Karl F. Schneider Acting Director