| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Ms. Margaret V. Thompson | Member | ||
| Mr. Richard T. Dunbar | 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) for spouse coverage.
APPLICANT STATES: That she and the FSM married in 1959. He was in the Army for 24 years. She never received the SBP annuity.
EVIDENCE OF RECORD: The FSM's military records show:
He enlisted in the Regular Army on 19 July 1957. He retired on 1 May 1978. At that time he enrolled in the SBP for dependent children only SBP coverage by completing a Data for Payment of Retired Army Personnel, DA Form 4240. The applicant signed the reverse of the DA Form 4240 acknowledging that she had been fully informed and counseled concerning the options available under the SBP and that she understood the decision which the FSM made.
The FSM died on 16 January 2001.
Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982. Extensive publicity of this Open Season was given in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army.
Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 - 30 September 1992. Extensive publicity was given in Army Echoes. Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 – 31 March 1993.
Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000. Extensive publicity was given in Army Echoes.
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 FSM enrolled in the SBP for dependent children only coverage when retired in 1978. The applicant signed the enrollment form, acknowledging that she had been fully informed and counseled concerning the options available under the SBP and that she understood the decision which the FSM made. The FSM could have changed his SBP coverage to spouse coverage during either of three subsequent Open Seasons; however, there is no evidence to show that he attempted to do so.
2. Regrettably, 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
__JHL__ __MVT__ ___RTD__ DENY APPLICATION
| CASE ID | AR2002077417 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/17 |
| 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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RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2007 DOCKET NUMBER: AR20060016300 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. Public Law 92-425, the SBP, enacted 21 September 1972, established the SBP. However, evidence of record shows the FSM had several opportunities to inquire about SBP costs or enroll in the SBP during Open Seasons.
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The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage and that she be paid the SBP annuity. The FSM was retired from active service and placed on the retired list on 1 January 1976. There is no evidence the FSM attempted to enroll in the SBP during an open season.
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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's record to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage. He married the applicant on 6 September 1985.
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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). An election to provide an annuity of one-half, one-quarter, or one-eighth of the member's retired pay had to be made before the end of the 18th year of service. Records at DFAS-CL show that he failed to enroll in the SBP when it was established in 1972 and there is no evidence to show he attempted to enroll during a subsequent Open...
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Dennis J. Phillips | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 92-425, 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 applicant provides no evidence to show her and the FSM were improperly briefed when he enrolled in the SBP during the 1981 through 1982 Open...
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