MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 July 1999                   
	DOCKET NUMBER:   AR1999018134

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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:  That the Survivor Benefit Plan (SBP) election of options form (DA 4240) be corrected to show that her husband, a deceased former service member, elected to provide her a survivor annuity.  She submits a letter from her daughter-in-law in support of her application.

APPLICANT STATES:  That her husband did not understand how to complete the form.  It was always his intent that she would receive survivor benefits.

EVIDENCE OF RECORD:  The deceased former service member’s military records show:

That he was on active duty from October 1942 through December 1945 and in the Enlisted Reserve Corps until December 1948.  He reenlisted in the Army National Guard (ARNG) and served from 15 November 1955 until his discharge on 14 November 1974.

On 19 August 1982 he applied for his retired pay benefits and transfer to the Retired Reserve.  He was 60 years of age effective 4 June 1982.  In the available record is a DA Form 4240 executed on 2 September 1982 by the deceased former service member and the applicant.  On the form the applicant’s name is entered to receive any unpaid retired pay on his death.  In Part IV (SBP election) it clearly shows that he acknowledged that he was married and declined spousal coverage.  The applicant acknowledged his election with her signature.

The former service member died on 27 February 1997.  In a letter from the Defense Finance and Accounting Service (DFAS) to a member of congress it was noted that his retired pay account was established effective 4 June 1982 with no SBP coverage and no monthly SBP costs were ever deducted from his retired pay.

The letter from the daughter-in-law states that she witnessed the former service member sign a form stating that his wife was to receive 100 percent of his Army retired pay.

Public Law 95-397, the Reserve Component SBP, dated 30 September 1978, provided a way for those Reserve Component members who were qualified for Reserve retirement to provide an annuity for their survivors.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 deceased former service member clearly made his election of options to decline SBP coverage for his wife and she acknowledged that election.  No payments for SBP coverage were ever deducted from his retired pay.

3.  The letter from the daughter-in-law merely validates that she witnessed his election that his wife should receive 100 percent of his unpaid retired pay that is shown on the DA Form 4240 and which she was paid at his death.

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

__jh____  ___rvo__  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018134	
SUFFIX		
RECON		
DATE BOARDED	19990708	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.