2. The applicant request, in effect, correction of his military records to show that he change his SBP election from spouse only, with 20 percent supplemental SBP (SSBP) to spouse only with no SSBP.
3. The applicants military records show that he was born on 17 February 1936. He was a member of the United States Army National Guard. On 20 May 1994, the U.S. Army Reserve Personnel Center (ARPERCEN) sent a packet of notification of eligibility for retired pay at age 60. On 31 May 1994, the applicant decline to make an SBP election. On 1 October 1995, the applicant retired from military service in pay grade E-6. On 18 February 1996, the applicant elected Supplemental Coverage Survivor Benefit Plan (SSBP) for spouse at an additional 20 percent.
4. On 9 June 1996, the applicant appealed to this Board for correction of his military records.
5. 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.
6. Section 1456-1460, Title 10 USC, effective 1 October 1991, provided a Supplemental Survivor Benefits Plan (SSBP) for those enrolled in SBP and who, at additional cost, desire to provide a level 55 percent of the base amount SBP annuity vice the two-tiered (55/35) annuity.
7. In the processing of this case, a staff advisory opinion was obtained from the Headquarters Army Retirement Services, in ODCSPER, which recommended approval of the applicants request.
CONCLUSIONS:
1. The evidence of record shows that on 18 February 1996, the applicant mistakenly elected SSBP for spouse only. The applicant gross retired pay is approximately $230 per month. Participation in the basic plan costs the applicant $5.77 per month, SSBP costs are $21.06 per month.
2. Although government error is not evident, it is in the best interest of the applicant to allow cancellation of the supplemental SBP participation only. His spouses consent is not needed to do this.
3. Therefore, in view of the unique facts of this case, it would be fair and just to correct the records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected to show that the applicant changed his SBP election from spouse only with 20 percent supplement SBP to spouse only with no SSBP, retroactive to date of election (18 February 1996).
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY1996 | 9608324C070209
The applicants record indicates that on 20 May 1986, he elected RC-SBP for spouse with full retired pay. On 3 November 1994, the applicant reaffirmed his prior election by again electing coverage for his spouse. 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.
ARMY | BCMR | CY2002 | 2002071960C070403
The applicant requests that his records be corrected to show his spouse-only Survivor Benefit Plan (SBP) coverage was reinstated but not Supplemental SBP (SSBP). The applicant states that in February 2002 he sent in the form requesting reinstatement of his SBP but he did not want any SSBP. The Board believes that it would be appropriate to correct the records to show the applicant did not request SSBP.
ARMY | BCMR | CY2004 | 2004106544C070208
She contended she did not receive any briefing on the SBP and so did not know that, because her husband was 75 years of age, the SBP annuity would be reduced to 35 percent of her retired pay. The SSBP annuity (5, 10, 15 or 20 percent of full retired pay) would be paid in addition to the standard 35 percent-tier payment for surviving spouses age 62 and older. She could have received that information from any one of the three Army installation Retirement Services Officers near her.
ARMY | BCMR | CY2004 | 20040002260C070208
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he requested Supplemental Survivor Benefit Plan (SSBP) coverage at the 20 percent level within the time frame provided for by law. The FSM and the applicant married on 25 September 2002. There is no evidence to show the FSM elected to provide SSBP for the applicant until possibly 2 November 2003 and definitely on 22 December 2003.
ARMY | DRB | CY2005 | 20050004916
Dennis J. Phillips | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 applicant provides no evidence to show her and the FSM were improperly briefed when he enrolled in the SBP during the 1981 through 1982 Open...
ARMY | BCMR | CY2001 | 2001060889C070421
By letter dated 21 October 1997, the U. S. Army Reserve Personnel Command (AR-PERSCOM) informed the applicant that, as the FSM did not make an RCSBP election within 90 days of the date of his 20-year letter, she would not receive an annuity if he died prior to age 60. When the FSM was placed on the TDRL in 1984 after undergoing surgery for lung cancer, he enrolled in the SBP. Considering the FSM’s previous action with regard to enrolling in the SBP, the Board agrees with the applicant’s...
ARMY | BCMR | CY2006 | 20060009083
The applicant requests that the records of her husband, the former service member (FSM), be corrected to show that he was not retired but on active duty at the time of his death, thereby entitling her to receive $150,000 in additional Servicemembers' Group Life Insurance (SGLI). Now that the SSBP two-tiered advantage she gained has been negated by new law, she wants to correct the FSM's record to show he was on active duty at the time of his death in order to obtain the additional...
ARMY | BCMR | CY2013 | 20130016893
Both believed that they made the correct election on the form not to participate in the SBP; however, SBP premiums are being deducted from her Army retired pay. Section IX (SBP Election), item 26 (Beneficiary Category(ies)), the applicant failed to make an election in any of the categories (i.e., a through g), although she did indicate in block g (I Elect Not to Participate in SBP) with an "X" that, "I Do Have Eligible Dependents Under The Plan"; c. Section XI (Certification), item 30...
ARMY | BCMR | CY2002 | 2002072132C070403
On 20 October 1994, the FSM and the applicant divorced for the third time. When the FSM enrolled in the RCSBP in 1988, he was married to the applicant and he elected spouse coverage. He did not tell the Army that he was divorced and he continued to pay spouse premiums until his death.
ARMY | BCMR | CY2007 | 20070018491
Public Law 103-337, enacted 5 October 1994, allowed SBP insurable interest participants whose beneficiary is not their former spouse to voluntarily terminate their participation in the SBP. Office of the Assistant Secretary of Defense (Force Management Policy) memorandum, subject: Sections 637 and 638 of the National Defense Authorization Act for Fiscal Year 1995, Public Law 103-337, October 5, 1994, Changed Provisions of the Uniformed Services Survivor Benefit Plan (SBP), dated 17 March...