RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 June 2007
DOCKET NUMBER: AR20060016300
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. Carmen Duncan
Chairperson
Mr. Michael Flynn
Member
Mr. Jeffrey Redmann
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, in effect, that she and her late husband were given incorrect information in regard to the cost of the SBP by personnel at Fort Lewis, Washington and at Fort Benning, Georgia at the time of his retirement. She contends that her late husband could not afford the quoted $500 monthly SBP payment. She also states that in a recent conversation with another retired noncommissioned officers wife the same story (high cost of SBP) had been told to the retired noncommissioned officer at his retirement.
3. The applicant provides the FSMs death certificate.
CONSIDERATION OF EVIDENCE:
1. Part II (Survivor Benefit Plan Election) on the FSM's DA Form 4240 (Data for Payment of Retired Army Personnel), dated 11 February 1976, shows he was married and he declined SBP coverage. This form states, in pertinent part, IMPORTANT: If you are married and elect not to participate in the Survivor Benefit Plan, your decision is permanently irrevocable and your wife must be counseled by your local Personnel representative for the purpose of executing the certificate in Part VIII on the reverse. Part VIII (Survivor Benefit Plan Certificate) on this form states the spouse was not available for counseling and that she was informed by letter dated 3 February 1976.
2. The FSM retired on 29 February 1976 in the rank of first sergeant.
3. The FSM died on 28 October 2003.
4. Public Law 92-425, the SBP, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
5. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 30 September 1982. 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.
6. Public Law 98-94, enacted 24 September 1983, established an Open Season form 23 September 1983 through 24 September 1984. Extensive publicity was given in Army Echoes.
7. Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991. Extensive publicity was given in Army Echoes.
8. Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 31 March 1993.
9. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 29 February 2000. The retiree must have paid monthly premiums starting on the date of enrollment and a one-time, lump sum enrollment premium. Extensive publicity was given in Army Echoes. 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.
DISCUSSION AND CONCLUSIONS:
1. At the time of the FSMs 1976 retirement, he was married and elected not to participate in the SBP, normally an irrevocable election.
2. However, evidence of record shows the FSM had several opportunities to inquire about SBP costs or enroll in the SBP during Open Seasons. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
CD____ __MF____ __JR____ 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.
___Carmen Duncan______
CHAIRPERSON
INDEX
CASE ID
AR20060016300
SUFFIX
RECON
DATE BOARDED
20070607
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
137.0000
2.
3.
4.
5.
6.
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