IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100027385 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, his records be corrected to show he elected Survivor Benefit Plan (SBP) when he retired.

2.  The applicant states he and his wife received a one on one briefing on the SBP and were told SBP would cost him 50% (half) of his retired pay.  However, when he and his wife were briefed on SBP by her unit they were given entirely different numbers and she immediately enrolled in the SBP.

3.  The applicant does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 August 1987, was promoted to pay grade E-7, and was retired on 31 August 2009 and placed on the Retired List the following day.

2.  In conjunction with his retirement, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel).  In Item 26 (Beneficiary Category(ies)), he initialed block g (I ELECT NOT TO PARTICIPATE IN SBP."  His wife signed that document in the block which says "I hereby concur with the Survivor Benefit Plan election made by my spouse.  I have received information that explains the options available and the effects of those options.  I know that retired pay stops on the day the retiree dies.  I have signed this statement of my free will."

3.  In the processing of this case the Board's staff contacted Army Retirement Services and was informed that SBP briefings were being given by contract counselors in August 2009.  However, no complaints have been received about Soldiers receiving erroneous information at those briefings and the cost of the SBP was contained in both the slides shown and in the handouts given at the briefing.

4.  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.  Changes in SBP options are not authorized except in specific instances, or authorized by law.

DISCUSSION AND CONCLUSIONS:

1.  The applicant does not contest the fact that he opted to decline SBP.  Rather, he contends that he only declined SBP because he was given erroneous information concerning its cost.

2.  Since the SBP costs are contained in both the briefing slides and handouts given at the SBP briefing, the applicant's contention that he was misinformed about the cost of the SBP is not accepted.  

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  __X______  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   X_______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20100027385





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ABCMR Record of Proceedings (cont)                                         AR20100027385



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