| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Hall | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas A. Pagan | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that he elected to participate in the Survivor Benefit Program (SBP).
APPLICANT STATES: That he and his spouse were not adequately counseled
concerning the SBP. Therefore, DD Form 2656 (Data for Payment of Retired Personnel) was not completed properly. In support of his application the applicant submits copies of the DD Form 2656.
EVIDENCE OF RECORD: The applicant's military records show:
After having prior service, the applicant entered the Active Guard Reserve (AGR) program and entered active duty on 8 August 1983.
On 30 April 1999, the applicant retired early for length of service in the rank of Sergeant Major, E-9.
On 6 April 1999, the applicant completed the DD Form 2656. Section VII (Survivor Benefit Plan (SBP) Election) informs the member to see his Survivor Benefit Plan Counselor before making an election. Item 28 (Beneficiary Category) of the DD Form 2656 shows that he elected not to participate in the SBP.
On 6 April 1999, the applicant's spouse signed the DD Form 2656. Section VIII (Survivor Benefit Spousal Concurrence) of the DD Form 2656 states that spousal concurrence is required when a member is married and does not elect full coverage. It further states that the spouse concurs with the Survivor Benefit Plan election made by his/her spouse, that the spouse received information that explains the options available and the effects of those options, and that the spouse signed the statement of his/her own free will. Item 38 (Signature of Spouse) shows that the applicant's spouse concurred with his decision not to participate in the SBP.
Public Law 92-245, 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.
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 that the applicant declined to participate in the SBP on 6 April 1999. The evidence of record also shows that the applicant's spouse concurred with the applicant's decision on the same date.
2. The Board also noted the applicant's contention that he and his spouse were not adequately counseled concerning SBP. The applicant was senior non-commissioned officer. The DD Form 2656 clearly identified the options available and informed him to see the SBP counselor prior to making an election. He had a responsibility to himself to make an informed SBP decision. His spouse acknowledged that she received an explanation of the SBP options and understood the effects of these options. There is no evidence nor has the applicant provided any evidence to support his contention.
3. 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 which
would satisfy this requirement.
4. 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
__slp___ __wtm___ __tap___ DENY APPLICATION
| CASE ID | AR2003086309 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030909 |
| 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. |
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