RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 February 2005
      DOCKET NUMBER:   AR20040002260


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Ms. Marla J. Troup                |     |Member               |
|     |Mr. Peter B. Fisher               |     |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 requested
Supplemental Survivor Benefit Plan (SSBP) coverage at the 20 percent level
within the time frame provided for by law.

2.  The applicant states that the FSM elected to have the additional
coverage but he erroneously checked only the one box (where two should have
been checked).  It was an oversight.

3.  The applicant provides their marriage certificate; the FSM's death
certificate; an undated phone log apparently from the Defense Finance and
Accounting Service (DFAS); a DD Form 2656-6 (Survivor Benefit Plan Election
Change Certificate); and a letter dated 22 December 2003.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 6 June 1935.  After having had prior service, he
enlisted in the U. S. Army Reserve in 1982.  His notification of
eligibility for retired pay at age 60 (his 20-year letter) is dated 22
September 1990.  He apparently did not elect to enroll in the Reserve
Component SBP at that time.

2.  The FSM applied for retired pay on 3 February 1995 and submitted a DD
Form 1883 (Survivor Benefit Plan Election Certificate) at that time.  He
was not married and elected not to participate in the SBP.

3.  The FSM and the applicant married on 25 September 2002.  The applicant
was born on 25 November 1943.

4.  Records at DFAS show the FSM wrote in requesting SBP on 23 October 2002
and on 2 November 2003.

5.  In his 23 October 2002 letter, the applicant informed DFAS that he had
married on 25 September 2002 and, "I would like my wife be added to my
retirement, so she could draw off it, in case something happens to me."  He
also inquired if there were any forms or other formalities that he needed
to do to take care of the matter and, if so, to send the forms to him or
let him know the procedures.

6.  DFAS initiated the SBP for the applicant based upon his 23 October 2002
letter without apparently requiring any other forms.

7.  The applicant's 2 November 2003 letter to DFAS is not available.

8.  On 22 December 2003, the FSM completed a DD Form 2656-6 requesting
spouse only SBP coverage and electing SSBP coverage at the 20 percent
level.  He had checked the 20 percent block but did not check the general
decline/elect block.

9.  The FSM died on 11 February 2004.  Records at DFAS show the applicant
is receiving the SBP annuity but not the SSBP because the DD Form 2656-6
was received too late.

10.  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.

11.  Public Law 101-189, enacted 29 November 1989, established the SSBP.
The SSBP annuity (5, 10, 15 or 20 percent of full retired pay) would be
paid in addition to the standard 35 percent-tier payment for surviving
spouses age 62 and older.  There is an additional cost for electing
coverage under this plan. SSBP provides a means to increase the after-62
benefit to 40, 45, 50 or 55 percent of the retired pay.  It is not a
government subsidy.

12.  Title 10, U. S. Code, section 1448(a)(5) provides that a person who is
not married or has no dependent child upon becoming eligible to participate
in the SBP but who later marries or acquires a dependent child may elect to
participate in the SBP.  Such an election must be written, signed by the
person making the election, and received by the Secretary concerned within
one year after the date on which that person marries or acquires that
dependent child.

13.  The fiscal year 2005 National Defense Authorization Act introduced a
phased elimination of the two-tiered annuity computation for surviving
spouses under SBP.  By 2008, the reduction in SBP payments to offset Social
Security payments commencing at age 62 will be eliminated.

DISCUSSION AND CONCLUSIONS:

1.  The FSM and the applicant married on 25 September 2002, and on
    23 October 2002 he requested DFAS, in effect, enroll him in the SBP for
spouse coverage.  It appears that DFAS did so at that time based on his
letter.

2.  There is no evidence to show the FSM elected to provide SSBP for the
applicant until possibly 2 November 2003 and definitely on 22 December
2003.  Both of those dates are outside the one-year time period provided by
law for electing to participate in the SBP after a post-retirement
marriage.

3.  There is no evidence of record and the applicant provides none to show
the FSM inquired about or requested the SSBP within one year of their
marriage.  Therefore, there is insufficient basis on which to grant the
applicant's request to provide her the SSBP.

4.  The applicant should be aware that by 2008 the reduction in SBP
payments to offset Social Security payments commencing at age 62 (which the
applicant will reach in November 2005) will be eliminated.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjt___  __pbf___  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.




            ___Hubert O. Fry______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002260                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050223                                |
|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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