MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999016510

	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:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 her Survivor Benefit Plan (SBP) election be changed to show she declined coverage.

APPLICANT STATES:  That the Defense Finance and Accounting Service (DFAS) stated she must apply to this Board to stop or change her SBP.  She provides her DD Form 214 and a 28 January 1997 letter from DFAS as supporting evidence.

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

She enlisted in the Regular Army on 14 February 1991.  On 27 May 1994, she was retired by reason of a permanent physical disability.  At this time, she elected to participate in the SBP for “children only” coverage, full base amount.  (Her two daughters were born on 1 October 1973 and 3 February 1981, respectively.)

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.  The term “dependent child” means a person who is unmarried, is under 18 years of age or at least 18 but under 22 years of age and pursuing a full-time course of study in a recognized educational institution.  An election, once made, is permanent and irrevocable.

The applicant apparently applied to DFAS to stop her SBP coverage.  DFAS informed that her SBP child coverage would continue until 2003 if her child pursues a higher education and does not marry.  Otherwise, upon notification from the applicant, costs would cease following the child’s 18th birthday.  (If that information did not resolve her problem, she would have to apply to this Board for correction of her records.)

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 as there was no evidence of Government administrative error. (It also noted that the applicant had coverage based on a reduced base amount, although the evidence of record shows full base amount.)  That office noted that the applicant could make a written request (to DFAS) on her child’s 18th birthday to suspend coverage if the child is not a full-time, unmarried student.  (DFAS Cleveland verified on 9 August 1999 that they have not yet received such a request.)

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not 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.  The applicant made a valid, permanent and irrevocable SBP election of “children only” coverage at the time she retired.  Her youngest child turned 18 in February 1999.  If the child is not attending a full-time course of instruction, the applicant may send a written request to DFAS to suspend her coverage until she reaches age 22, when it will be stopped, as DFAS informed her in January 1997.

3.  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

__ejo____  _inw_____  __cjp____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016510	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.