MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 November 1998                   
	DOCKET NUMBER:   AC98-06548

	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. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 he be allowed to change his Survivor Benefit Plan (SBP) election from “decline coverage” to “spouse only” coverage.

APPLICANT STATES:  He was single when he left the military.  When he married in 1989, he assumed his spouse would automatically be covered.

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

The applicant enlisted in the Regular Army on 21 May 1974.  On 17 June 1981, a Physical Evaluation Board (PEB) found him unfit for continued service by reason of schizophrenia and recommended his placement on the Temporary Disability Retired List (TDRL) at a disability rating of 30 percent.  He was so placed on 15 July 1981.  On 11 March 1983, a PEB found him unfit for military service by reason of schizophrenia, chronic, severe with both paranoid and severe psychotic features with suicidal tendencies.  He was seen to be competent to handle his own monies and affairs.  The PEB recommended his permanent retirement at a rating of 70 percent and he was so retired on 1 May 1983.  He was not married at the time and had no dependent children.

The applicant apparently married in 1989 (the marriage certificate is not available).

Public Law 92-245, 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.

Public Law 101-510, enacted 5 November 1990,  provided an open season enrollment period so soldiers who had no spouse or dependent children at the time of retirement could elect to enroll in the program.  The open season ran from 1 April 1992 to 31 March 1993.

In the processing of this case, an advisory opinion was obtained from the Army Retirement Services.  The opinion advised there was no evidence of government administrative error and so there is no basis upon which to grant relief to the applicant.  The opinion noted that when the applicant married in 1989, he did not make a written request to enroll his spouse within one year of marriage as required by law.  The applicant should not have assumed that coverage was automatic since no premiums were ever taken out of his retirement pay.  The applicant also failed to enroll his spouse during the 1992 - 1993 open season enrollment period.

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.  The applicant was permanently retired by reason of disability due to schizophrenia on 1 May 1983.  Although his disability rating was 70 percent, he was seen by the PEB to be competent to handle his own monies and affairs.

2.  When the applicant married in 1989, he had no reason to assume that his spouse’s enrollment in the SBP was automatic since no premiums were ever deducted from his retirement pay.

3.  The Army Echoes, sent to all Army retirees on a regular basis, had given ample notice prior to the 1992 - 1993 open season enrollment period that individuals such as the applicant would be given an opportunity to participate in the SBP during that period.  The applicant did not do so.

4.  Should Congress call for an SBP open season in the future, Army retirees will be notified in the Army Echoes.  The applicant should keep his correspondence address updated with the Defense Finance and Accounting Service - Cleveland Center in order to receive this official publication.

5.  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

CMF_____  IEW_____  MKP_____  DENY APPLICATION

						Loren G. Harrell
						Director