APPLICANT REQUESTS: Correction of his military records by disenrolling him from SBP (Survivor Benefit Plan).
APPLICANT STATES: In effect, that his spouse was diagnosed as having Alzheimer Disease in January 1987 and that she can not do anything for herself. The applicant also states, that in January 1991, he had heart bypass surgery.
EVIDENCE OF RECORD: The applicants military records show:
The applicant was born on 2 March 1923. He was a member of the Army Reserve with prior service in the Army National Guard. On 7 October 1968, the U.S. Army Reserve Personnel Center (ARPERCEN) sent a packet of notification of eligibility for retired pay at age 60. The applicants military record indicates that he retired sometime in 1974, in pay grade 05, (however, particulars are missing from his files). On 1 December 1982, the applicant elected SBP participation for spouse and child coverage," effective the date of retirement. The applicant acknowledged that the election once made was irrevocable.
On 7 June 1995, the applicant appealed to this Board for correction of his military record.
Public Law 92-425, the SBP, enacted 21 September 1972, provided those 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.
Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the Survivor Benefit Plan to members and former members of the Reserve Components who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible for retired pay.
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from SBP Board which recommended, that the applicants 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. 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.
2. The evidence of records shows that in 1982, the applicant elected to participate in the SBP for his spouse and child. The applicant acknowledged that the election once made is irrevocable.
3. The applicants spouse present illness is not a basis for cancellation of SBP. There is no assurance that the applicant will not predecease her and that an SBP annuity will be paid. Should she be unable to manage her financial affairs, if that event occurs, a fiduciary trustee can be appointed. Only a divorce or death of the spouse would qualify for a stoppage in SBP coverage.
4 Therefore, in view of the foregoing, there exists no basis for granting the applicants 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
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