MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 February 2000                   
	DOCKET NUMBER:   AR1999028691

	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. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) based on his full gross retired pay.

APPLICANT STATES:  That the FSM and she understood that she would receive $1,000.00 per month upon his death.  It was their intention to elect $1,000.00 per month.  It was a complete shock when she was told her benefit would be only $556.00 per month.  Unfortunately, the witness has no recollection of the amount of coverage elected.  She provides the pertinent pages of the DD Form 2656, Data for Payment of Retired Personnel as supporting evidence.

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

He was born on 23 September 1937.  After having had prior enlisted and commissioned service in the U. S. Army National Guard, he transferred to the   U. S. Army Reserve.  He applied for retired pay on 1 July 1997.  At that time, he elected to participate in the SBP for spouse coverage.  Item 29b of the DD Form 2656 shows he elected coverage with a reduced base amount of $1,000 and states “(See Forms Completion Instructions).”  The Forms Completion Instructions, page 2 of the DD Form 2656 provides guidance to check item 29b if the individual desires coverage to be based on a reduced portion of his or her retired pay.  The applicant signed in section VII, concurring in the FSM’s election not to elect full coverage.

The FSM died 16 May 1999.

Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.

Department of the Army Retirement Services Office Information Paper dated      1 March 1995, subject:  SBP Desktop Checklist—A Counselor’s Tool, was designed to provide a self-check instrument to insure that all pertinent considerations are touched upon or brought to the attention of the retiring member and his spouse during SBP counseling.  One of the topics to be brought up is the costs and benefits of the SBP, to include examples of costs/benefits at minimum, mid-range, and full coverage.

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.  Guidance provided with the DD Form 2656 clearly stated that checking item 29b meant that, in this case, SBP coverage would be based on $1,000.00 of the FSM’s retired pay, not his full retired pay, and not that the monthly benefit would be $1,000.00.  As the FSM was a senior commissioned officer, the Board presumes he fully understood the implications of checking this block prior to signing the DD Form 2656.  Absent evidence that the SBP counselor failed to counsel the FSM and the applicant specifically on the costs and benefits of electing coverage with a reduced base of amount of $1000.00, the Board must presume that the applicant’s signature on the DD Form 2656 indicates she understood the effects of the option the FSM elected.

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:

__vbc___  __jps___  __klw___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028691	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.