2.  The applicant requests change in his SBP election from “decline” to “ spouse only”, “full base amount”.

3.  The applicant’s military records show that he was unmarried and declined SBP coverage prior to his retirement from active duty.  On 21 March 1996, the applicant gained a spouse, however, he did not alter his SBP election prior to retirement date.  The applicant apparently assumed that he had 1 year from date of marriage to do so.  On 1 April 1996, the applicant retired from the military service.  

4.  By law, a retiring member must make an SBP election prior to date of retirement and spousal concurrence is required on date of retirement. 

5.  On 18 May 1996, the applicant submitted an appeal to this Board for correction of his military record.  

6. 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.

7.  In the processing of this case, a staff advisory opinion was obtained from the SBP Board in the Office of the Deputy Chief of Staff for Personnel.  The SBP Board recommended  approval of the applicant’s request to change his SBP election from “decline” to “spouse only “ retroactive to date of retirement, on 1 April 1996.

CONCLUSIONS:

1.  The evidence of records shows that the applicant was unmarried when he declined SBP coverage.  He gained a spouse on 21 March 1996, and on 1 April 1996, he retired from the military.  The problem occurred when he did not alter his SBP election prior to retirement date. 

2.  Although, there appears to be no evidence of negligence on the part of the government and since it is his desire to enroll his current spouse into SBP, justice would be best served by granting the applicant’s request.

3.  In view of the foregoing findings, conclusions and the advisory opinion, it would be appropriate to correct the records as recommended below.  

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned changed his SBP participation from “decline” to “spouse only, full base amount”, retroactive to date of retirement.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON