MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           18 November 1999                   
	DOCKET NUMBER:   AR1999027710

	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. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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 date of his disenrollment from the Survivor Benefit Plan (SBP) be changed from December 1998 to September 1998 and he be reimbursed the premiums he paid for those months.

APPLICANT STATES:  That he and his wife initially enrolled in the SBP in 1994; however, the Defense Finance and Accounting Service (DFAS) never enrolled them until 1997.  Because of the problems they had enrolling, they wanted to drop the SBP.  He submitted his first termination request in September 1998 and the second in December 1998.  DFAS acted upon the second request.  He provides his original request with a cover letter dated 22 September 1998 and his second request dated 8 December 1998 as supporting evidence.

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

He retired by reason of a physical disability on 27 November 1991.  DFAS records show that he elected SBP for “child only” on this date.  (As of July 1980, he had two children born in 1967 and 1975, respectively.)

On 22 September 1998, the applicant and his spouse completed DD Form    2656-2, Survivor Benefit Plan (SBP) Termination Request.  Section V, Certification (SBP Counselor or Notary Public), of this form is not completed.  Section I, Instructions, states that the termination form is only valid if the spouse or former spouse concurrence is witnessed by a Service-designated SBP Counselor or Notary Public.  A cover letter apparently accompanied the form.  A notation in the upper left-hand corner states “separate notary sheet sent.”  This separate sheet is not available.

On 8 December 1998, the applicant and his spouse re-completed DD Form 2656-2.  Section V is completed and witnessed.

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.  An election, once made, was irrevocable.

Public Law 101-189 established an Open Season to be conducted 1 October 1991 – 30 September 1992.  Public Law 101-510, enacted 5 November 1990, delayed the start of the third Open Season to 1 April 1992 – 31 March 1993.

Public Law 105-85, enacted 18 November 1997, provided that an SBP election may be terminated after 2 years of participation.  An Open Season held during the period 17 May 1998 – 16 May 1999 was established for those already retired more than 2 years.
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 available facts surrounding the applicant’s enrollment in the SBP are confusing.  He states he requested enrollment during a time there was no Open Season; DFAS records show he had enrolled for “child only” coverage on          27 November 1991.  

3.  However, the applicant’s contention deals with his request for termination of the SBP.  The instructions for completing the DD Form 2656-2 state that section V must be witnessed.  The DD Form 2656-2 dated 22 September 1998 is not witnessed in section V.  While his cover letter is annotated that a separate notary sheet was sent, that sheet has not been provided.  The available evidence shows that the DD Form 2656-2 was first correctly completed in December 1998.

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

__ejo___  __jlp___  __jea___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027710	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.03	
2.		
3.		
4.		
5.		
6.