| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | 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 she found out after the FSM died in January 2000 that he had not elected to enroll in the SBP. The election of "no beneficiary" as shown on the Defense Finance and Accounting Service - Cleveland Center's (DFAS-CL's) system is incorrect. She married the FSM in 1955, so she is a beneficiary. She knows she must pay back the SBP costs.
EVIDENCE OF RECORD: The FSM's military records show:
After having had prior service, he reenlisted in the Regular Army on 3 August 1950. He and the applicant married on 15 July 1955.
On 6 November 1957, the FSM completed an Election of Options Under the Uniformed Services Contingency Option Act of 1953, DA Form 1041. He indicated that he did not desire to receive reduced retired pay in order to provide an annuity for his dependents.
The FSM retired on 1 July 1963. DFAS-CL's records show he had no SBP beneficiary effective 1972. He died on 31 January 2000.
Public Law 83-239, enacted 8 August 1953, established the Uniformed Services Contingency Option Act (USCOA). 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. It covered only persons dependent on the member at the time of his retirement.
Public Law 87-381, enacted 4 October 1961, changed the USCOA to the Retired Serviceman's Family Protection Plan (RSFPP). The USCOA automatically converted to the RSFPP with the same election options and annuity amounts as the USCOA. Retirees without USCOA coverage were offered the opportunity to enroll in the RSFPP. It also covered only persons dependent on the member at the time of his 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Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and established the SBP.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. 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 an Open Season to be conducted 1 October 1981 – 30 September 1982. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The evidence of record shows that three years after the FSM and the applicant married, the FSM had an opportunity to enroll in the USCOA. At that time he declined to reduce his retired pay in order to provide an annuity for his dependents. There is no evidence to show he enrolled in the RSFPP, the successor to the USCOA. 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 Season. Unfortunately for the applicant, it appears that the FSM had no intention of enrolling in the SBP.
3. 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
__RJW__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002077690 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/10 |
| 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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Director Analyst The following members, a quorum, were present: M Chairperson M Member M Member The Board considered the following evidence: Exhibit A - Application for correction of military records. At this time but before 1 September 1969, a retired member who was participating in the RSFPP without inclusion of the former option 4 could have elected to have that option included in his election. The FSM retired in November 1971.
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There is no evidence in the FSM's military records and the applicant provides no evidence which shows the FSM participated in the SBP or the Retired Serviceman's Family Protection Plan (RSFPP). The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. Since there is no evidence of record which shows the FSM made an SBP election prior to his death, and the evidence of record shows he had opportunities...
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Army Echoes also warned that for a retiree with a high number of years since first being able to enroll a beneficiary in the SBP and whose retired pay was fairly high, the enrollment premium alone could exceed $50,000. The available evidence shows that the FSM was eligible to enroll in the SBP for spouse coverage when it was established in 1972 or during any one of several subsequent Open Seasons. Even if the FSM had attempted to enroll in the SBP during the 1 October 2005 through 30...
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The 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). 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. The FSM retired on 1 May 1970.
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