2.  The applicant request, in effect, correction of his military records to show that he change his SBP election from “spouse only”, with 20 percent supplemental SBP (SSBP) to “spouse only” with no “SSBP.

3.  The applicant’s military records show that he was born on 17 February 1936.  He was a member of the United States Army National Guard.  On 20 May 1994, the U.S. Army Reserve Personnel Center (ARPERCEN) sent a packet of notification of eligibility for retired pay at age 60.  On 31 May 1994, the applicant decline to make an SBP election.  On 1 October 1995, the applicant retired from military service in pay grade E-6.  On 18 February 1996, the applicant elected Supplemental Coverage Survivor Benefit Plan (SSBP) for spouse at an additional 20 percent.

4.  On 9 June 1996, the applicant appealed to this Board for correction of his military records.

5.  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.

6.  Section 1456-1460, Title 10 USC, effective 1 October 1991, provided a Supplemental Survivor Benefits Plan (SSBP) for those enrolled in SBP and who, at additional cost, desire to provide a level 55 percent of the base amount SBP annuity vice the two-tiered (55/35) annuity.

7.  In the processing of this case, a staff advisory opinion was obtained from the Headquarters Army Retirement Services, in ODCSPER, which recommended approval of the applicant’s request.

CONCLUSIONS: 

1.  The evidence of record shows that on 18 February 1996, the applicant mistakenly elected SSBP for “spouse only”.  The applicant gross retired pay is approximately $230 per month.  Participation in the basic plan costs the applicant $5.77 per month, SSBP costs are $21.06 per month.

2.  Although government error is not evident, it is in the best interest of the applicant to allow cancellation of the supplemental SBP participation only.  His spouse’s consent is not needed to do this.
  
3.  Therefore, in view of the unique facts of this case, it would be fair and just to correct the records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the applicant changed his SBP election from “spouse only” with 20 percent supplement SBP to “spouse only” with no SSBP, retroactive to date of election (18 February 1996).   

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON