RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060013750 


	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.  



	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 that he be disenrolled from the Survivor Benefit Program (SBP) effective 31 July 2006.  

2.  The applicant states, in effect, that at the time he enrolled in the SBP, when he received his 20-year letter, he did so with the understanding that he could change his election at the time of retirement; however, he has now discovered that he cannot make a change and he no longer desires to participate in the SBP. 

3.  The applicant provides a copy of his SBP Election Certificate (DD Form 1883) dated 11 July 1986, a copy of a Data for Payment of Retired Personnel (DD Form 2656) dated 1 August 2004, and a statement from his wife agreeing with his decision to terminate SBP benefits dated 18 September 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 31 July 1946 and initially enlisted in the Army National Guard (ARNG) on 12 June 1966.  He continued to serve in the ARNG until 15 September 1974, when he enlisted in the United States Army Reserve (USAR).  He remained in the USAR and accepted a commission on 12 June 1977.  

2. He continued to serve as a commissioned officer and on 11 July 1986, he submitted a DD Form 1883 in which he elected full SBP coverage under Option C.  Immediately below the applicant’s election is a notification to the individual making the election that the decision made with respect to participation in the SBP is a permanent irrevocable decision.      

3.  On 2 February 1987, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).      
  
4.  On 6 April 1987, he submitted another DD Form 1883 in which he elected full SBP coverage under Option C.  Immediately below the applicant’s election is a notification to the individual making the election that the decision made with respect to participation in the SBP is a permanent irrevocable decision.  

5.  He continued to serve as a commissioned officer until 12 June 1992, when he again enlisted in the USAR.  On 10 November 1993, while serving in the pay grade of E-7, he submitted a request to be transferred to the Retired Reserve with special separation pay under the Selected Reserve Transition Benefit Program. 

6.  On 30 November 1993, he was transferred to the Retired Reserve.  He was credited with having 27 qualifying years for retired pay purposes.

7.  On 31 July 2006, at the age of 60, the applicant was transferred to the Army of the United States (AUS) retired list in the rank of captain.

8.  A review of the applicant’s official records fail to show any indication that the applicant was informed that he had the option to change his SBP election at a later date.

9.  Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60.  Three options are available:  (A)  elect to decline enrollment and choose at age 60 whether to start SBP participation; (B)  elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C)  elect that a beneficiary receive an annuity immediately upon their death if before age 60.  If death does not occur before age 60, the RCSBP costs for options B and C are deducted from the member’s retired pay (costs for option C being the more expensive).  Once a member elects either Options B or C in any category of coverage, that election is irrevocable.  Option B and C participants do not make a new SBP election at age 60.  They cannot cancel SBP participation or change options they had in RCSBP – it automatically rolls into SBP coverage.  If RCSBP Option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60.

10.  Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  Reservists who elected an option under the RCSBP will continue to have the Reservist Portion cost deducted from their retired pay.
   



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was led to believe that he could change his SBP election when he retired has been noted; however, the applicant has failed to show through the evidence submitted or the evidence of record that he was misinformed of his rights regarding his SBP election.     

2.  The evidence of record clearly shows that at the time the applicant made his SBP election, the statement regarding the SBP election being a permanent irrevocable decision was present on the form at the time he made the election.  

3.  Therefore, since he has failed to show that he was misinformed of his options under the SBP and since he has the option of terminating his SBP participation beginning on the second anniversary of the date on which his retired pay started, provided his wife concurs, there appears to be no basis to grant his request at this time.

4.  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 that would satisfy this requirement.      

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  __x__  __x __  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.


_____ x_______
          CHAIRPERSON


INDEX

CASE ID
AR20060013750
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070405
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.137.0300
349/term part
2.

3.

4.

5.

6.