RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060013175
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Jerome Pionk
Member
Mr. Eddie Smoot
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 only coverage.
2. The applicant states that she married the FSM on 24 October 1953 and that the election of no beneficiary is incorrect. She also acknowledges that she understands she will not receive the SBP payments until all back payments are made.
3. The applicant provides a marriage certificate; her birth certificate; and the FSMs death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM served in the Army National Guard from 23 October 1947 to
19 September 1949. He enlisted in the Regular Army on 20 September 1949. He married the applicant on 24 October 1953. On 31 January 1970, the FSM retired in the rank of first sergeant after completing over 20 years of active service.
2. The FSM died on 17 August 2006.
3. Records at the Defense Finance and Accounting Service (DFAS) show the FSM did not make an SBP election prior to his death.
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. Upon creation of the SBP, an
18-month Open Season was conducted from 21 September 1972 to 20 March 1971, 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 the SBP. This was done on several occasions. First, a bulletin was sent out describing SBP. The bulletin was followed by a circular and would extend the benefits of SBP to those already retired. A final notice provided a box to check on a postal card indicating the retirees intention.
5. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 30 September 1982. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible an annuity.
6. Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 (but deferred to 1 April 1992)
30 September 1992. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.
7. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 29 February 2000. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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.
8. The National Defense Authorization Act for Fiscal year 2005 established an Open Season to be conducted 1 October 2005 to 30 September 2006. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.
DISCUSSION AND CONCLUSIONS:
Although the FSM retired in 1970, there is no evidence to show he enrolled in the SBP when it was established in 1972. Since the records at DFAS show the FSM did not make an SBP election prior to his death, and evidence of record shows he had several opportunities to enroll in the SBP during Open Seasons, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LS_____ __JP____ ___ES___ 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.
___Linda Simmons_______
CHAIRPERSON
INDEX
CASE ID
AR20060013175
SUFFIX
RECON
DATE BOARDED
20070508
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
137.0000
2.
3.
4.
5.
6.
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 | CY2009 | 20090000812
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). The FSM's record contains a copy of a DA Form 1041 (Election of Options Under Retired Serviceman's Family Protection Plan) signed and witnessed on 4 March 1965, which shows in item 11 that he elected not to receive reduced retired pay in order to provide an annuity for his dependants. Extensive publicity was given in Army...
ARMY | BCMR | CY2007 | 20070013792
Army Echoes also warned that for a retiree with a high number of years since first being able to enroll a beneficiary in the SBP and whose retired pay was fairly high, the enrollment premium alone could exceed $50,000. The available evidence shows that the FSM was eligible to enroll in the SBP for spouse coverage when it was established in 1972 or during any one of several subsequent Open Seasons. Even if the FSM had attempted to enroll in the SBP during the 1 October 2005 through 30...
ARMY | BCMR | CY2003 | 2003089775C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The FSM married for the first time prior to the second SBP Open Season. Extensive publicity and information about the SBP was provided to all previously retired service members and he had several opportunities to enroll in the SBP.
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 | CY2007 | 20070013961
Director Analyst The following members, a quorum, were present: M Chairperson M Member M Member The Board considered the following evidence: Exhibit A - Application for correction of military records. At this time but before 1 September 1969, a retired member who was participating in the RSFPP without inclusion of the former option 4 could have elected to have that option included in his election. The FSM retired in November 1971.
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 | 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 | CY2002 | 2002077015C070215
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP). 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 FSM had an opportunity to enroll in the RCSBP when he received his 20-year letter.
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.