RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070013792
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
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 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 makes no additional statement.
3. The applicant provides the FSMs death certificate; their marriage certificate; and the FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1966.
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army on 4 July 1945. He married F___ on 7 December 1956.
2. On 29 July 1963, the FSM elected not to participate in the Retired Servicemans Family Protection Plan (RSFPP).
3. The FSM retired on 31 July 1966.
4. The FSM and the applicant married on 20 November 2004. The certificate of marriage indicates that the FSMs one previous marriage ended with the death of his spouse in October 2002.
5. The FSM died on 17 January 2006.
6. Records at the Defense Finance and Accounting Service (DFAS) show that the FSM never paid for the SBP.
7. Public Law 87-381, enacted 4 October 1961, established the RSFPP. It covered only persons dependent on the member at the time of his retirement.
8. Public Law 92-425, enacted 21 September 1972, repealed the RSFPP and established the SBP. Upon creation of the SBP, an 18-month Open Season was conducted from 21 September 1972 through 20 March 1974, in which all pre-1972 retirees were given the option to enroll.
9. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 through 30 September 1982. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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.
10. Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 (but deferred to 1 April 1992) through 30 September 1992. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. Extensive publicity of this Open Season was given in Army Echoes.
11. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 through 29 February 2000. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 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.
12. Public Law 108-375, enacted 28 October 2004, established an Open Season to be conducted 1 October 2005 through 30 September 2006. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. The retiree must have paid monthly premiums starting on the date of enrollment and a buy-in premium covering all the costs that would have been paid for the election if it had been made at the first opportunity to do so. 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.
DISCUSSION AND CONCLUSIONS:
1. 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. Records at DFAS show that he never paid for the SBP, and there is no evidence to show that he ever intended or attempted to enroll in the SBP (corroborated by the fact that he elected not to participate in the RSFPP).
2. The FSM and the applicant married on 20 November 2004. Even if the FSM had attempted to enroll in the SBP during the 1 October 2005 through 30 September 2006 Open Season, that enrollment would have required that he live two years from the effective date of election for beneficiaries to be eligible for an annuity. The FSM died on 17 January 2006.
3. Based on the above, there is no evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __ym____ __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.
__Shirley L. Powell___
CHAIRPERSON
INDEX
CASE ID
AR20070013792
SUFFIX
RECON
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
137.01
2.
3.
4.
5.
6.
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