2.  The applicant requests correction of his military records by canceling his Survivor Benefit Plan (SBP) participation.  He also requests correction of his retirement points.  

3.  The applicant’s military records are not available.  He apparently was a member of the U.S. Army Reserve who applied for retired pay effective             17 December 1993.  

4.  Public Law 92-425, the SBP, enacted 21 September 1972, 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.  

5.  Public Law 95-397, effective 1 October 1979, extended eligibility for coverage under the SBP to members and former members of the Reserve Components (RC) who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible for retired pay.

6.  In the processing of this case, a staff advisory opinion was obtained from the Transition and Separation Branch, Army Reserve Personnel Command          (AR-PERSCOM).  That office recommended approval of the applicant’s request regarding his SBP based on the fact there is no DA Form 1883, Survivor Benefit Plan Election form, on file at either AR-PERSCOM or the Defense Finance and Accounting Service - Cleveland and DA Form 4240 shows the applicant as single.  In regards to the amount of his retired pay being incorrect, if he finds that the total number of points is incorrect he should send a request for                    re-computation to that office.  The applicant will need to tell them which points are missing and send in supporting documentation.

CONCLUSIONS:

1.  There is no evidence in the records to show the applicant ever elected participation in the Reserve Component SPB.  At the time he applied for retired pay, he elected not to participate in the SBP.  At that time he was single and had no dependent children.

2.  It appears there may have been some government error in processing his declination of SBP.  The applicant does not state how long SBP premiums have been taken out of his retired pay, but presumably they have been taken out since the date of his retirement in December 1993.  This date falls within the 6-year statute of limitations barring refunds.

3.  The applicant claims his retirement points were computed incorrectly but submits no documentation to support that claim.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

    a.  showing that the individual concerned declined to participate in the SBP at the time of his retirement on 17 December 1993; and

    b.  conducting a complete audit of the applicant’s account with an immediate cost refund of any and all SBP deductions withheld from his retired pay as a result of this correction.

2.  That the applicant send a request for recomputation of retirement points to the Transition and Separation Branch, AR-PERSCOM.  He should tell them which points are missing and send them the documentation to support his claim.

3.  That so much of the application as is in excess of the forgoing be denied.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                              				 	
                      	                          CHAIRPERSON