| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP). She states that she did not decline the SBP as indicated on the FSM’s account.
EVIDENCE OF RECORD: The FSM's military records show:
He enlisted in the Regular Army on 4 June 1969. He retired on 1 November 1990. At that time he declined to enroll in the SBP. The applicant concurred in his declination on the Data for Payment of Retired Army Personnel, DA Form 4240. The FSM died on 14 April 2001.
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. Public Law 99-145, enacted 8 November 1985, required a spouse’s written concurrence for a retiring member’s election that provides less than maximum spouse coverage.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence of Government error or injustice in this case. The evidence of record shows that the applicant concurred in the FSM’s declination of the SBP. The FSM and the applicant had the benefit of the FSM’s full retired pay for over ten years.
2. 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
__rvo___ __cjp___ __lds___ DENY APPLICATION
| CASE ID | AR2001058088 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010830 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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Had the enrollment form used been accepted, the applicant would have been eligible for the SBP had the FSM survived for only three more weeks. The Board cannot change the date of the FSM’s death; however, the Board concludes that it would be appropriate to correct his records to show that he enrolled in the SBP on 12 June 1979. That all of the Department of the Army records related to this case be corrected by showing that the FSM completed the DA Form 4240 on 12 June 1979 and enrolled in...
ARMY | BCMR | CY2005 | 20050002790C070206
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse only coverage. Records at the U.S. Army Human Resources Command - St. Louis indicate that the FSM's records did not contain a DD Form 1883. The FSM's 20-year letter was issued in 1993.
ARMY | BCMR | CY2005 | 20050000299C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record in this case confirms the FSM completed a DD Form 1883 declining enrollment in the SBP on 17 January 1974, during his retirement processing. Because the FSM was married and yet declined SBP enrollment at the time of his retirement, he was no longer eligible to participate in the SBP at the time he and the applicant entered into their...
ARMY | BCMR | CY2001 | 2001056993C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He applied for retired pay at age 58 and submitted it on 19 October 2000, electing to participate in the SBP. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.
ARMY | BCMR | CY2001 | 2001059619C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: A spouse’s “waiver,” i. e., concurrence in the member’s declination to participate in the SBP, was not required at the time the FSM retired.
ARMY | BCMR | CY2001 | 2001059960C070421
There is no evidence in the FSM’s personnel files or in the records at the Defense Finance and Accounting Service to indicate that she concurred in the FSM’s declination. Public Law 99-145, enacted 8 November 1985 and effective 1 March 1986, required a spouse’s written concurrence for a retiring member’s election that provides for less than the maximum spouse coverage. There is no evidence of record to show that the applicant concurred in the FSM’s election to decline SBP coverage.
ARMY | BCMR | CY2001 | 2001061094C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 3 January 1979, the FSM signed a Statement of Intent election to enroll in the Reserve Component SBP (RCSBP) for option C, spouse coverage. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001058364C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse’s written concurrence for a retiring member’s election that provides less than maximum spouse coverage. He then failed to enroll in the SBP when it was established in 1972.
ARMY | BCMR | CY2005 | 20050001825C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 November 2005 DOCKET NUMBER: AR20050001825 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. ...
ARMY | BCMR | CY2005 | 20050001825C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. The evidence of record shows the FSM failed to make an RCSBP election at the time he received his 20-year letter.