| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Hall | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. Frank C. Jones | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be changed to reflect that he elected to participate in the Survivor Benefit Plan (SBP).
APPLICANT STATES: She knows that the FSM's service records will clearly indicate that he served his country and served it well. She does not understand why there are no survivor benefits. She is receiving social security on a monthly basis and she needs these benefits to take care of herself on a day to day basis. Her husband never indicated to her that he had any other plans and wishes for these benefits and she always understood from him that she would receive these benefits. She is requesting that her request be reviewed again for SBP. She has never asked for anything from the Army until now. She truly believes that this was an oversight with the paperwork and not her husband's true intentions. In support of her application the applicant submits a copy of her marriage license; a copy of the FSM's death certificate; a copy of a memo from the Defense Finance and Accounting Service, Cleveland, Ohio, dated 6 March 2002; and a copy of a letter from the applicant's daughter.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 June 1940, the FSM enlisted in the Army of the United States for 3 years.
The FSM and the applicant married on 16 August 1948. On 1 October 1968, the FSM retired from active duty. He completed 27 years, 6 months, and 27 days of active service and retired in pay grade E-8.
AGPZ Form 977 (Data for Retired Pay) filed in the FSM's service record, dated
9 September 1968, (initial submission) indicated no DA Form 1041 on file for the Retired Servicemen's Family Protection Plan (RSFPP). AGPZ Form 977 also filed in the FSM's record dated 3 October 1968 amended item 30 indicating that the DA Form 1041 was attached. However, the DA Form 1041 is not attached.
The FSM died on 12 January 1999.
Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and established the SBP.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 the second Open Season from 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.
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.
Public Law 101-189, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 – 31 March 1993.
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 considered the applicant's request for survivor benefits. The Board is empathetic with the unfortunate circumstances the applicant now finds herself in. However, the Board concludes that there is no evidence of Government error or injustice in this case.
2. The evidence of record shows that the FSM had the opportunity to participate in the RSFPP. The DA Form 1041 indicating his RSFPP election is not available.
In any case, an RSFPP election did not rollover into the SBP.
3. The evidence of record shows that the FSM had several opportunities to enroll in SBP and that the program was given extensive publicity when it was established in 1972.
4. The applicant's records show that he failed to enroll in the SBP when it became established in 1972. His records also show that he failed to enroll in the SBP during the 1982 open season and the 1992 open season.
5. 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 provides no evidence to show that the FSM intended to enroll in SBP.
6. 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
__rvo___ __fcj___ __bje ___ DENY APPLICATION
| CASE ID | AR2003084284 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030904 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003084831C070212
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). Although the applicant contends she remembers the FSM enrolled in the RSFPP and that she has retained every piece of paper the FSM ever received from the Army, she does not provide a copy of the DA Form 1041. As the FSM was already a retired member when the SBP was established, the applicant's concurrence with a decision not to...
ARMY | BCMR | CY2001 | 2001065549C070421
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). EVIDENCE OF RECORD : The FSM military records show: He retired before the SBP was established; however, there is no evidence to show he enrolled in either of the two previous survivor benefit programs available to him.
ARMY | BCMR | CY2008 | 20080014581
The DA Form 1041 available indicates the FSM elected not to provide an annuity for his dependents. Although the FSM retired in 1968, there is no evidence to show he enrolled in the SBP when it was established in 1972. Since there is no evidence of record which shows the FSM made an SBP election prior to his death, and evidence of record shows he had opportunities to enroll in the SBP during Open Seasons, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2003 | 2003090124C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The evidence of record shows the FSM retired on 1 August 1969, prior to establishment of the SBP, and was married at that time.
ARMY | BCMR | CY2002 | 2002077690C070215
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...
ARMY | BCMR | CY2010 | 20100020483
The applicant, the widow of a deceased former service member (FSM), requests, in effect, that she be designated as the annuitant of the FSM's Survivor Benefit Plan (SBP). Extensive publicity was given in Army Echoes, the Army bulletin established to provide information to retirees and mailed to retirees on a regular (e.g. quarterly) basis. There are no documents in the available records, or provided by the applicant, which indicate the FSM ever made an election to participate in the SBP,...
ARMY | BCMR | CY2010 | 20100028925
The applicant states the FSM did not keep up with his retired service member benefits. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090018686 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100028925 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090000812
The applicant, the widow of a deceased former service member (FSM), requests, in effect, that she be designated as the annuitant of the FSM's Survivor Benefit Plan (SBP). The FSM's record contains a copy of a DA Form 1041 (Election of Options Under Retired Serviceman's Family Protection Plan) signed and witnessed on 4 March 1965, which shows in item 11 that he elected not to receive reduced retired pay in order to provide an annuity for his dependants. Extensive publicity was given in Army...
ARMY | BCMR | CY2007 | 20070013792
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...
ARMY | BCMR | CY2001 | 2001058364C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. He then failed to enroll in the SBP when it was established in 1972.