| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | 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 was with him for his entire 20 years of service. She believes his retired pay should be given to her.
EVIDENCE OF RECORD: The FSM's military records show:
He enlisted in the Regular Army on 18 January 1954. He and the applicant married on 23 August 1956. The FSM retired on 1 February 1974. At that time, he declined to enroll in the SBP. The applicant signed the Survivor Benefit Plan Election Certificate acknowledging that she was fully informed and counseled concerning the options available and she understood the decision the FSM had made. The FSM died on 23 April 2000.
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. The spouse would be notified when the member elected not to provide full 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. The FSM declined to enroll in the SBP when he retired in 1974. The applicant understood at the time that he had made that decision. The FSM had the benefit of his full retired pay for 26 years until his death.
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
__lls___ __mhm___ __jtm___ DENY APPLICATION
| CASE ID | AR2001059180 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010906 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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