| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amosa | Analyst |
| Mr. Roger W. Able | Chairperson | ||
| Ms. Karen Y. Fletcher | Member | ||
| Mr. Bernard P. Ingold | Member |
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 Survivor Benefit Plan (SBP) for the full base amount.
APPLICANT STATES: That it is apparent from the FSM's 5 December 2001 Retiree Account Statement that the FSM made a reduced ($378.00) SBP election at his retirement. She was not aware of his SBP election until after his death in December 2001.
EVIDENCE OF RECORD: The FSM's military records show:
After having had prior service, he enlisted in the Regular Army on 21 December 1973.
On 20 July 1992, the FSM completed a Data for Payment of Retired Army Personnel, DA Form 4240. On this form he elected to participate in the SBP for spouse only coverage, reduced ($378.00) base amount. The applicant signed this form in item 24 on 20 July 1992 acknowledging that she was fully informed and counseled concerning the options available under the SBP and that she understood and concurred with the FSM's decision.
The FSM died on 26 December 2001.
Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members 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 but effective 1 March 1986, 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. The evidence of record shows the applicant concurred in the FSM's election to provide an SBP annuity at a reduced base amount.
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
__RWA__ __KYF___ __BPI__ DENY APPLICATION
| CASE ID | AR2002075049 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/12/12 |
| 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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