IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080016354
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, the widow of a deceased former service member (FSM), requests reconsideration of her earlier request to correct the FSM's military records to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states, in effect, that the FSM was in the military for 20 years. She read in a Fort George G. Meade paper that a Soldier could enroll in the SBP. Accordingly, the FSM wrote a letter; however, the applicant does not know if the FSM ever mailed the letter. She looked for it but could not find it. The FSM was in constant pain and he died in December 2005. A couple of years later, the applicant spoke with someone from Fort George G. Meade who advised her to contact the Department of Veterans Affairs (VA). A representative from the VA informed her to submit a request and to include the FSM's social security number along with marriage and death certificates.
3. The applicant provides, in support of her application, copies of a marriage certificate, death certificate, and record of attendance for the FSM's funeral.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002796, on 12 June 2008.
2. The applicant provides a new argument and a record of attendance for the FSM's funeral, both of which are new evidence that should be considered by the Board.
3. The applicant argues that the FSM intended to change his SBP election and he wrote a letter to that affect. However, she does not know if he ever mailed the request.
4. As stated in the original case proceedings, the FSM declined SBP coverage in 1973 and the applicant concurred with that decision.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM wrote a letter with the intention of enrolling in the SBP.
2. The available evidence shows the FSM declined to participate in the SBP at the time of his retirement in 1973. There is no available evidence showing that the FSM subsequently desired to change his SBP election. It appears he never mailed the letter mentioned by the applicant. If he had, he would have had SBP premiums taken out of his retired pay.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080002796, dated 12 June 2008.
_________ _ X________ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080016354
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