| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen Y. Fletcher | 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 Army failed to notify the FSM of his option to participate in the SBP. She has retained every piece of paper ever received from the Army during his service and since his retirement. She can find no evidence that anything was ever received that notified him of the SBP. There is no question that had he been notified of the opportunity to enroll in the SBP he would have done so. She remembers the FSM enrolled in the Retired Serviceman's Family Protection Plan (RSFPP) that entitled her to a portion of his retired pay after his death. She understands that any decision by a member to not participate in the SBP must be agreed to by his spouse.
EVIDENCE OF RECORD: The FSM's military records show:
After having had prior service, he reenlisted in the Regular Army on 24 October 1955. He retired on 1 February 1967. His AGPZ Form 977 (Data for Retired Pay) originally contained an entry that a DA Form 1041 (Retired Servicemen's Family Protection Plan) was attached; however, that entry was erased and the entry that no DA Form 1041 was on file was checked. (There is no DA Form 1041 in his records.)
The FSM died on 26 March 1994.
Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and established the SBP.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 through 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 the 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 through 30 September 1982. Extensive publicity about 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 99-145, enacted 8 November 1986, required a spouse’s written concurrence for a retiring member’s election that provides less than the maximum spouse coverage.
Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991. Extensive publicity was given in Army Echoes about this Open Season.
Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 through 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. There is no evidence of Government error or injustice in this case.
2. 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. There is no DA Form 1041 in the FSM's records and his AGPZ Form 977 indicated there was no DA Form 1041 on file.
3. In any case, the RSFPP did not automatically convert into the SBP.
4. The FSM had several opportunities to enroll in the SBP. Four notifications were sent to retirees during the initial Open Season from 21 September 1972 through 20 March 1974. Notifications for two subsequent Open Seasons were made through Army Echoes. The Board is not convinced the FSM did not receive any of these notifications.
5. Public Law 99-145 required a spouse’s written concurrence for a retiring member’s election that provides less than the maximum spouse coverage. As the FSM was already a retired member when the SBP was established, the applicant's concurrence with a decision not to enroll in the SBP does not apply.
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
__tsk___ __mhm___ __kyf___ DENY APPLICATION
| CASE ID | AR2003084831 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030701 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 137.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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 | 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 | 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 | CY2003 | 2003084284C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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). The applicant's records show that he failed to enroll in the SBP when it became established in 1972.
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 | 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 | 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 | 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.
ARMY | BCMR | CY2004 | 2004102540C070208
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.
ARMY | BCMR | CY2014 | 20140017621
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...