RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 January 2005
DOCKET NUMBER: AR20040001924
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Bernard P. Ingold | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Ms. Delia R. Trimble | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the records of her deceased
spouse, a former service member (FSM), be corrected to show he elected to
participate in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states that she did not receive notification that the FSM
declined to participate in the SBP, which was required by law in 1985.
3. The applicant provides the FSM's death certificate and a letter, dated
18 January 2004, from the Casualty Officer.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 21 April 1960. He retired on 1
May 1985. At that time, he completed a DA Form 4240 (Data for Payment of
Retired Army Personnel) and declined to participate in the SBP.
2. The applicant signed the DA Form 4240 in Part VII indicating she was
fully informed and counseled concerning the options available under the SBP
and that she understood the decision the FSM had made.
3. The FSM died on 27 January 2004.
4. Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members could elect to have their retired pay reduced to provide
for an annuity after death to surviving dependents. Retiring members and
spouses were to be informed of the SBP options and effects.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was informed and
counseled concerning the options available under the SBP and that she
understood the FSM had declined to participate in the SBP. She provides no
evidence to indicate otherwise.
2. Regrettably, there is insufficient evidence on which to base correcting
the FSM's records to show he elected to participate in the SBP.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__bpi___ __lcb___ __drt___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
___Bernard P. Ingold__
CHAIRPERSON
INDEX
|CASE ID |AR20040001924 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050119 |
|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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