RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 February 2005
DOCKET NUMBER: AR20040003235
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 enrolled in
the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states that she was unaware that she was not covered for
survivor benefits. They were married in 1999 and he died suddenly in
February 2004.
3. The applicant provides their marriage certificate; the FSM's death
certificate; a DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge); a DD Form 2656-7 (Verification for Survivor
Annuity); a W-4P (Withholding Certificate for Pension or Annuity Payments);
and a direct deposit form.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Army on 28 October 1952. He retired on
1 November 1972. It cannot be determined if he was married at
that time.
2. The FSM and the applicant married on 8 June 1999. The FSM died on
2 February 2004.
3. Records at the Defense Finance and Accounting Service (DFAS) show the
FSM never elected to participate in the SBP.
4. Public Law 92-425, enacted 21 September 1972, established the SBP. The
SBP 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.
5. Public Law 105-261, enacted 17 October 1998, established an Open Season
to be conducted 1 March 1999 through 29 February 2000. Extensive publicity
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.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. It cannot be determined if the FSM was married at the time he retired
in 1972. If he had been married at that time, he could have enrolled the
applicant in the SBP during the 1 March 1999 through 29 February 2000 Open
Season. If he had not been married, he had a one-year opportunity (9 June
1999 through 8 June 2000) after his marriage to the applicant to
enroll her in the SBP.
2. In any case, records at DFAS show the FSM never enrolled in the SBP.
The applicant has failed to provide any evidence to refute those records.
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 |AR20040003235 |
|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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