IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090009776
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, as the widow of a deceased former service member (FSM), requests a Survivor Benefit Plan (SBP) cost refund of $4,958.93.
2. The applicant states, in effect, that the FSM enrolled in the SBP in March 1993 during an Open Season and he made continuous monthly payments through November 2007. She contends that he paid a total of $16,914.12 into the plan; however, she only received a refund of $11,955.19, which is a difference of $4,958.93. She also pointed out that data was missing for the period 1 December 2004 to 30 November 2005 on a Retired Pay SBP Cost Refunds document.
3. The applicant provides a copy of the FSM's death certificate; a letter, dated
16 May 2008, from DFAS; an SBP/RCSBP Cost Refund Worksheet; and two Retired Pay SBP Cost Refunds documents in support of her application.
CONSIDERATION OF EVIDENCE:
1. The FSM retired effective 31 July 1980 in the rank of staff sergeant.
2. DFAS records show the FSM elected SBP during an Open Season in 1993.
3. The FSM died on 1 December 2007.
4. The applicant provided documentation from DFAS which shows she received a SBP cost refund of $11,955.19. She provided a Retired Pay SBP Cost Refunds document, prepared on 3 March 2008, which appears to have an incorrect effective date of 1 October 2005 instead of 1 December 2004. She also provided a letter, dated 16 May 2008, from DFAS pertaining to her SBP cost refund. This letter shows that the FSM made monthly payments of $106.68 during the period 1 December 2004 to 30 November 2005.
5. Information obtained from officials at DFAS revealed that when issuing a cost refund only the spouse portion of the cost is refunded and that the FSM had an extra monthly charge that is not refunded because he enrolled in the SBP during an Open Season.
6. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
7. Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 31 March 1993. Extensive publicity 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. Army Echoes also advised that enrollment in the SBP after retirement would cost extra and the retiree would pay the regular premium plus the additional premium on the base amount elected.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that data was missing for the period 1 December 2004 to 30 November 2005 on a Retired Pay SBP Cost Refunds document was noted. However, it appears DFAS corrected that entry in its
16 May 2008 letter to the applicant.
2. The applicant's contentions were carefully considered. However, there is a difference between what the FSM paid into the SBP and the applicant's SBP cost refund because only the spouse portion of the cost is refunded. Since the FSM enrolled in the SBP during an Open Season he had an extra monthly charge that is not refunded. Regrettably, 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 for correction of the records of the individual concerned.
_______ _ _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) AR20090009776
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ABCMR Record of Proceedings (cont) AR20090009776
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