| Mr. Loren G. Harrell | Director | |
| M | Analyst |
| Mr. | Chairperson | |
| Mr. | Member | |
| Mr. | Member |
APPLICANT REQUESTS: That his Survivor Benefit Plan (SBP) election be changed from daughter to wife.
APPLICANT STATES: In effect, when he retired someone filled the form out incorrectly. He has been trying for the last eight years to get it changed.
EVIDENCE OF RECORD: The applicant's military records show:
After initially serving in the Regular Army from 1975 to 1979, he reenlisted in the Regular Army on 12 May 1981.
In 1986, the applicant was found to be medically unfit for military service and it was recommended he be permanently retired at a disability rate of 30 percent.
On 22 December 1986, the applicant completed his DA Form 4240, Data for Payment of Retired Army Personnel. He elected SBP coverage for “dependent children only.” He signed the form. He also signed a statement acknowledging he was counseled concerning his SBP election and that he was aware that after he retired the election he made was, in general, permanent and irrevocable by him. Also on 22 December 1986, his spouse acknowledged that she received SBP information that explained the options available and the effects of those options. She conconcurred in the applicant’s election of no survivor coverage for spouse, but coverage for children.
On 12 January 1987, the applicant retired, with a permanent physical disability retirement, in pay grade E-5. He had completed 9 years, 6 months and 3 days of creditable active service.
Public law 92-245, 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. Elections are permanent and irrevocable.
In the processing of this case, an advisory opinion was obtained from the Army Retirement Services office. That office recommended disapproval of the applicant’s request. No government error was found.
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 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 that would satisfy the aforementioned requirement.
2. The evidence of record clearly shows that the applicant signed the DA Form 4240 requesting “dependent children only” SBP coverage; that he acknowledged that his election was permanent and irrevocable; and his spouse acknowledged that she was aware of the applicant’s SBP election and she concurred in it.
3. In view of the foregoing, there is no basis for granting the applicant's 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
Loren G. Harrell
Director
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