| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Hubert O. Fry, Jr | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP).
APPLICANT STATES: That the FSM retired in June 1971 and in August 1971 they moved due to his new job requirements. They were never notified of the enrollment requirements.
EVIDENCE OF RECORD: The FSM's military records show:
He enlisted in the Regular Army on 18 April 1950. On 12 March 1968, he enrolled in the Retired Serviceman’s Family Protection Plan (RSFPP) for spouse and children coverage. He retired on 30 June 1971. He died on 13 January 1990.
Public Law 87-381, enacted 4 October 1961, established the RSFPP. It provided for an annuity of one-half, one-fourth, or one-eighth to a person dependent on the member at the time of his or her retirement.
Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and established the SBP. The RSFPP was not automatically converted to the SBP. RSFPP coverage was retained unless the member specifically enrolled in the SBP. Upon creation of the SBP, an 18-month Open Season was conducted from 21 September 1972 - 20 March 1974, in which all pre-1972 retirees were given the option to enroll. The Department of the Army contacted all previously retired service members and explained to them the benefits and procedures provided by SBP. This was done on several occasions. First, a bulletin was sent out describing SBP. The bulletin was followed by a circular and then by a letter which included a form, which when completed and returned would extend the benefits of SBP to those already retired. A final notice provided a box to check on a postal card indicating the retiree's intention.
Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982.
The Defense Finance and Accounting Service verified that the applicant is receiving the RSFPP annuity.
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 Board notes the applicant’s explanation of why they did not receive information on the SBP but the explanation is not logical. They moved in August
1971 but information pertaining to the SBP could not have been sent out much earlier than September 1972. Presumably the FSM was already settled in and receiving his retired check at that address, so presumably the bulletin and circular and letter that were sent to retirees explaining the SBP was sent to a good address for him. The FSM also could have enrolled in the SBP during the second Open Season, which was advertised in similar fashion, but there is no evidence that he did so.
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
__aao___ __hof___ __teo___ DENY APPLICATION
| CASE ID | AR2001066197 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020430 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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