IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140017621
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 requests, in effect, entitlement to Survivor Benefit Plan (SBP) benefits based on the death of her husband, a former service member (FSM).
2. The applicant states she married the FSM on 6 August 1976, which makes her eligible for SBP coverage at full gross retirement pay. She further states she understands that she will have to pay the cost of the SBP before she receives the benefit.
3. The applicant provides:
* Marriage Certificate
* Death Certificate
* Standard Form 1174 (Claim for Unpaid Compensation of Deceased Member of the Uniform Services)
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 18 July 1926. He enlisted in the Regular Army on 13 March 1947.
2. On 31 December 1966, the FSM retired honorably with more than 23 years active Federal service.
3. On 6 August 1976, the FSM married the applicant.
4. There is no evidence in the FSM's military records and the applicant provides no evidence which shows the FSM participated in the SBP or the Retired Serviceman's Family Protection Plan (RSFPP).
5. On 11 August 2014, the FSM died at the age of 88.
6. Public Law 83-239, enacted 8 August 1953, established the Uniformed Services Contingency Option Act (USCOA). It covered only persons dependent on the member at the time of his retirement. Annuity was 1/2, 1/4, or 1/8 of retired pay.
7. Public Law 87-381, enacted 4 October 1961, changed the USCOA to the RSFPP. The USCOA automatically converted to the RSFPP with the same election options and annuity amounts as the USCOA. The RSFPP also covered only persons dependent on the member at the time of his retirement.
8. Public Law 92-425, the SBP, enacted 21 September 1972, repealed the RSFPP and established the SBP.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. Upon creation of the SBP, an 18-month Open Season was conducted from 21 September 1972 to 20 March 1974, in which all pre-1972 retirees were given the option to enroll. The Department of the Army contacted all previously retired service members and explained to them the benefits and procedures provided by the SBP. This was done on several occasions. First, a bulletin was sent out describing SBP. The bulletin was followed by a circular and would extend the benefits of SBP to those already retired. A final notice provided a box to check on a postal card indicating the retirees intention.
9. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 30 September 1982.
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)
30 September 1992.
11. Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 through 31 March 1993.
12. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 29 February 2000. 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.
13. Public Law 108-375, enacted 28 October 2004, established an Open Season to be conducted 1 October 2005 through 30 September 2006. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for entitlement to SBP benefits based on the death of her husband, a FSM, has been carefully examined. However, there is no evidence to show the FSM elected to participate in the USCOA/RSFPP prior to his retirement.
2. The sincerity of the applicant's contention is not in question; however, although the FSM retired in 1966, there is no evidence to show he enrolled in the SBP when it was established in 1972. Since there is no evidence of record which shows the FSM made an SBP election prior to his death, and the evidence of record shows he had opportunities to enroll in the SBP during Open Seasons upon his marriage in 1976 but did not, regrettably, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___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) AR20140017621
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ABCMR Record of Proceedings (cont) AR20140017621
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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