APPLICANT REQUESTS: Correction of the military records of her late spouse, the former service member (FSM) to show that he elected SBP (Survivor Benefit Plan) participation for his spouse within 1 year of his marriage.
APPLICANT STATES: In effect, that she saw the FSM complete and mail the election forms shortly after their marriage.
EVIDENCE OF RECORD: The FSMs military records are not available information herein was obtained from other sources:
The FSM was born on 11 March 1930. He was a member of the Army Reserve. He married the applicant on 23 July 1987. The FSM died on 20 November 1988. The applicants appeal for an SBP annuity was denied by the RC-SBP Board on
15 November 1989. The decision was based on the fact, that no DD Form 1883 (SBP election) was found in the records. The applicant only provided the RC-SBP packet sent to members of the Reserve Components at the time the letter of eligibility for retired pay at age 60 is being sent.
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.
Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the SBP 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 the SBP Board which advised, in effect, that no evidence has been presented to show that the FSM enrolled his spouse in the SBP. The SBP Board recommended that the original decision by the RC-SBP Board be upheld.
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. The available evidence shows that the FSM was a member of the Army Reserve and eligible for retired pay at age 60, and that he married the applicant in 1987.
2. 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.
3. 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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