2. The applicant requests correction of his military records by canceling his RC-SBP (Reserve Component Survivor Benefit Plan) and his Supplemental Survivor Benefit Plan (SSBP). He states in effect, that he can not afford the monthly deduction from his retired pay.
3. The applicants military records show that he was born on 5 May 1935. He was a Reserve soldier. The highest grade he achieved was pay grade E-7. The applicants record indicates that on 20 May 1986, he elected RC-SBP for spouse with full retired pay. The applicants military record also indicates that he retired in May 1986, however, particulars are missing from his files. On 3 November 1994, the applicant reaffirmed his prior election by again electing coverage for his spouse.
4. On 11 January 1993, during the Open Enrollment Season (1992-1994), the applicant elected Supplemental Coverage Survivor Benefit Plan (SSBP) for spouse at an additional
20 percent.
5. On 16 February 1995, the applicant submitted an appeal to this Board.
6. Public law 9-425, 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 soldier was irrevocable.
7. Title 10, USC, Section, effective 1 October 1991, provided a Supplemental Benefit Plan (SSBP) for those enrolled in SBP and who, at additional cost desire to provide a level 55 percent of base amount SBP annuity vice the two-tiered (55/35) annuity.
8. The SSBP is an optional program that the soldier may purchase to preclude some or all of the reduction in his spouses or former spouses annuity. The increase annuity amounts are only available to those whose base amount is equal to their full retired pay. This election is voluntary with no spousal concurrence.
7. In the processing of this case, a staff advisory opinion was obtained from the U S Army Reserve Personnel Center, in ST. Louis, Missouri, which recommended that the supplement coverage be stopped.
CONCLUSIONS:
1. The evidence of record shows that on 20 May 1986, the applicant elected RC-SBP participation for his spouse. However, this election made by the applicant is irrevocable.
2. The evidence of record also shows that on 11 January 1993, the applicant elected to participate in the SSBP at the maximum rate. The SSBP is a voluntary supplemental coverage, paid solely by the applicant and since the supplement coverage is an addition to the SBP it would be in the interest of justice to cancel the coverage.
3. Therefore, 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 canceling the applicants participation in the Supplemental Survivor Benefit Plan.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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