MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 June 1999                   
	DOCKET NUMBER:   AR1998012292

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he enrolled his spouse in the Survivor Benefit Plan (SBP) within one year of his marriage.

APPLICANT STATES:  That he was single at the time of his retirement and saw no need for the SBP.  He married in February 1996 and found that he did need the SBP.  He had misunderstood the provisions of the SBP.

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior service in the U. S. Coast Guard, U. S. Coast Guard Reserve, Regular Army, U. S. Army Reserve, and the Army National Guard, he enlisted in the U. S. Army Reserve in November 1981.  He entered active duty in the Active Guard/Reserve (AGR) program in 1983.  He retired on 1 August 1988 by reason of completing 20 years of active duty.  He was single and had no dependent children at the time so he declined SBP coverage.  He did acknowledge that he received information on the SBP elections available to him and the effects of these elections and understood them as explained to him.

The applicant married on 25 February 1996.  He first inquired on enrolling his spouse in the SBP on 26 September 1997.

Public Law 92-245, enacted 21 September 1972, established the SBP.  The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  Any election, once made, is permanent and irrevocable.  A person who is not married upon becoming eligible to participate in the Plan but who later marries may elect to participate in the Plan.  Such an election must be written and received by the Secretary concerned within one year after the date on which that person marries. 

In the processing of this case, an advisory opinion was obtained from the Army Retirement Services office.  That office recommended disapproval of the applicant’s request, noting that the applicant had a responsibility to inform himself of the provisions of the SBP through any of several available resources.  That office did note that there is now an Open Season enrollment period during which the applicant may enroll his spouse.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He failed to respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  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.

2.  There is no evidence of Government error.  The law provides that a retiree who was not married on the date of his retirement but who subsequently marries has one year to make a written request to enroll his spouse in the SBP.  The applicant married on 25 February 1996; he had until 25 February 1997 to make such a request.  The evidence shows he first made inquiry into enrolling his spouse on 16 September 1997, outside of the one-year time frame.  As a non-commissioned officer, the applicant had a responsibility to inform himself immediately upon his change of marital status as to the steps necessary to ensure his family’s financial security.  

3.  An SBP Open Season began on 1 March 1999 and continues through          29 February 2000.  The applicant should contact the nearest retirement services officer (a directory attached) for cost information.  A copy of the Open Enrollment Election form, DD Form 2656-3, is also attached.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JMA___  __MHM__  __ALR__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012292	
SUFFIX		
RECON		
DATE BOARDED	19990616	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.