MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 February 2000                   
	DOCKET NUMBER:   AR1999028341

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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, a refund of all monies paid into the Survivor Benefit Plan (SBP).

APPLICANT STATES:  That he was not married at the time he was discharged but was told that he would have to elect spouse SBP coverage for when or if he ever did marry.  He wrote a letter in 1985 requesting that this deduction be stopped.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 24 August 1979.  On 6 June 1983, he was placed on the Temporary Disability Retired List (TDRL) after suffering a stroke.  At that time he elected to participate in the SBP.  His DA Form 4240, Data for Payment of Retired Army Personnel shows he was married and he elected spouse coverage.  (His DD Form 93, Record of Emergency Data dated 23 June 1981 shows he was married with the address of his wife unknown.  His VA Form 29-8286, Servicemen’s Group Life Insurance Election dated 5 April1983 shows his beneficiaries as his mother and sister.)

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. 

On 3 December 1999, the Defense Finance and Accounting Service confirmed that the applicant still has spouse only SBP coverage.  On 13 December 1999, they confirmed that they could find no 1985 letter in his file requesting the SBP be cancelled.

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 applicant states he was not married at the time he was placed on the TDRL; however, he elected to participate in the SBP for spouse only coverage and named his spouse on the DA From 4240.  He provides no evidence, such as a divorce decree, to show he was not married at that time nor any divorce decree to show that he obtained a divorce at a later time.

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

__cmf___  __jea___  __le____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028341	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.