APPLICANT REQUESTS:  Correction of his military records by disenrolling him from SBP (Survivor Benefit Plan).

APPLICANT STATES:  In effect, that with the additional expenses of a new baby, he can no longer afford the SBP.

EVIDENCE OF RECORD:  The FSM‘s military  records show:

The applicant was born on 14 June 1955.  He enlisted in the Regular Army on 17 February 1974 and through subsequent reenlistments remained on active duty until his retirement. On 31 October 1994, the applicant elected SBP participation for his spouse and child based on a reduced amount of $300. He acknowledged that the election once made was irrevocable. His spouse concurred with his election.  On 31 December 1994, the applicant retired, after serving more than 
20 years of creditable active service.  The highest grade he achieved was pay grade E-7.

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 member was irrevocable.

In those cases where the member elected not to participate in the SBP, to participate at less than the maximum coverage, or to exclude the spouse by designating children only as beneficiaries, it was required that the spouse was to be made aware of the member's decision and of the implications of that decision as it affected the spouse's future welfare.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from SBP Board which recommended, that the applicant’s request be denied.

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 prior to his retirement, the applicant elected to participate in the SBP for his spouse and child at the minimum amount, and at the time acknowledged that his election was irrevocable. 

2.  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. 

3.  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.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director