RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20060015310


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 she be provided a Survivor
Benefit Plan (SBP) annuity.

2.  The applicant states, in effect, she is entitled to a SBP annuity based
on the death of her husband, a former service member (FSM).

3.  The applicant provides the FSM's Death Certificate in support of the
application.

CONSIDERATION OF EVIDENCE:

1.  On 30 June 1961, the FSM retired, in the rank and pay grade of
First Sergeant/E-8 (1SG/E-8), after completing 20 years, 2 months, and 24
days of active military service.

2.  The record contains an Election of Options Under the Uniformed Services
Contingency Option Act (COA) of 1953 (DA Form 1041), dated 25 November
1957, which the FSM completed during his retirement processing.  In Item 11
of this document, the FSM indicated that he did not desire to receive
reduced retired pay in order to provide an annuity for his dependents.  He
authenticated this election document with his signature in Item 15
(Signature of Applicant).

3.  A review of the Defense Finance and Accounting Service (DFAS) pay
record on the FSM fails to show he ever made another annuity election under
either the Retired Serviceman's Family Protection Plan (RSFPP) or SBP
subsequent to his original election to decline coverage under the COA.

4.  The Uniformed Services Contingency Option Act of 1953 (COA) provided
that a military member could elect to receive a reduced amount of retired
pay in order to insure that his survivors (widow and/or children) would
receive a portion of his retired pay upon his death in a retired status.

5.  Public Law 381, 87th Congress, enacted 4 October 1961, amended the COA
by changing its name to Retired Serviceman's Family Protection Plan
(RSFPP). It also made major changes concerning entitlement both to
annuities and to Dependency and Indemnity Compensation payments to families
of physical disability retirees.

6.  Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and
established the Survivor Benefit Plan (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.  It
declared a 12-month Open Season for those members who retired prior to
enactment of the law.  Public Law 93-155, enacted 16 November 1973,
extended that Open Season from 12 to
18 months (21 September 1972-20 March 1974).

7.  Public Law 97-35, enacted 12 August 1981, established an Open Season
from 1 October 1981-30 September 1982.  Public 101-189, enacted
29 November 1989, established an Open Season from 1 October 1991-
30 September 1992.  Public Law 101-510, enacted 5 November 1990, changed
the Open Season period enacted in Public Law 97-35 to 1 April 1992-31 March
1993.  Public 108-375, enacted 28 October 2004, established an Open Season
from 1 October 2005-30 September 2006.  All of these Open Seasons were
extensively publicized in Army Echoes to ensure all retirees were informed
of their existence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to a SBP annuity based on the
death of her husband was carefully considered.  However, the evidence of
record confirms the FSM declined coverage under the COA during his initial
retirement processing, and there is no indication that he ever elected to
subsequently participate in either the RSFPP or SBP.

2.  Absent any evidence that the FSM enrolled in the COA, RSFPP, or SBP
between the date of his retirement and the date of his death, there is an
insufficient evidentiary basis to support granting the requested relief.

3.  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

___KAN _  __SAP __  __EEM __  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.




                                  _____Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015310                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1961/06/30                              |
|DISCHARGE AUTHORITY     |10 USC 3914                             |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]