BOARD DATE: 2 July 2013 DOCKET NUMBER: AR20120022473 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, correction of his records to show he elected to participate in the Survivor Benefit Plan (SBP). 2. The applicant states it was his understanding when he declined election of the SBP, that he had the option to change that election within 90 days following retirement. He retired on 1 September 2012. His spouse was also in attendance at the briefing because her signature was required when he declined the SBP. He declined SBP coverage because he believed he had time to change his election after researching the program. If he had fully understood that he could not change his election, he would have not made the election to decline the SBP. 3. The applicant provides a letter to the installation Retirement Services Officer (RSO) and his DD Form 2656 (Data for Payment of Retired Personnel). CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army and in the Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned officer of the ARNG and executed the oaths of office on 1 September 1984. 2. He and his spouse were married on 2 July 1987. 3. On 30 July 1996, the ARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). This letter notified the applicant that he had completed the required years of Reserve Component service and would be eligible for retired pay upon application at age 60. 4. He entered active duty as a member of the ARNG on 7 February 2000. He served in a variety of positions and he attained the rank of lieutenant colonel (LTC). 5. On 4 May 2012 in connection with his retirement processing, he completed a DD Form 2656. He indicated he was married and he had eligible dependents under the SBP; however, he elected not to participate in the plan. He, his spouse, and a witness (the RSO) authenticated this form with their signatures. 6. On 31 August 2012, he was honorably retired and he was placed on the Retired List in the rank/grade of LTC on 1 September 2012. He was credited with over 21 years and 8 months of active service. 7. On 22 October 2012 shortly after he retired, he wrote a letter to the RSO indicating he did not fully understand the SBP and wanted to change his election to enroll in the SBP. 8. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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. An election, once made, was irrevocable except in certain circumstances. This law also provides that every member having a spouse and/or child(ren), who retired/transfers to the Retired List on or after that date is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the Retired List. 9. Periodically Congress passes laws that establish open enrollment seasons which allow SBP enrollment or changes. Public Law 108-375, enacted 28 October 2004, established an open enrollment season from 1 October 2005 through 30 September 2006. Open enrollment seasons are extensively publicized in Army Echoes to ensure all retirees are informed of their existence. DISCUSSION AND CONCLUSIONS: 1. By law, every member having a spouse and/or child(ren) who retired/transfers to the Retired List is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the Retired List. An election, once made, is irrevocable except in certain circumstances. 2. In connection with his retirement, the applicant indicates he and his spouse received a briefing regarding the SBP. The decision to enroll in or disenroll from the SBP is a personal decision made by the member and his /her family. He provides insufficient evidence that shows he was improperly briefed concerning the irrevocability of his SBP election. 3. Only a decision by Congress to establish an open enrollment season would allow a retiree to make a new election after retirement. Such periods are rare. The most recent open enrollment season was in 2005. It is unknown if or when another open enrollment season will be, but the applicant is encouraged to read each issue of Army Echoes to determine if an open enrollment season has been declared. 4. In view of the foregoing evidence, the applicant is not entitled to the requested relief. 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 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) AR20120022473 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120022473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1