MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 August 2000                   
	DOCKET NUMBER:   AR2000035532

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 his Survivor Benefit Plan (SBP) election be reinstated for the minimum amount.

APPLICANT STATES:  That he was informed of the “new” SBP when he retired in 1996.  He was not informed about the minimum SBP.  He retired in Korea where retirement had just begun (sic).  He cancelled the SBP in 1999.  He would like it reinstated for the minimum amount.

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

After having had prior enlisted service, he entered active duty as a commissioned officer on 24 March 1985.  

On 26 February 1996, the applicant completed DD Form 2656, Data for Payment of Retired Personnel.  In item 26 he checked that he elected spouse and children coverage.  In item 27 he checked that he elected coverage to be based on full gross pay without supplemental SBP.  (The other two options listed on this form were coverage with a reduced base amount and coverage based on full gross pay plus supplemental coverage.)  Since he elected spouse coverage for full base amount, his spouse did not have to provide her concurrence.  Spousal concurrence is required when the member is married and elects children only coverage, does not elect full spouse coverage, or declines coverage.

The applicant retired on 1 April 1996 with an early retirement.

On 19 April 1999, the applicant disenrolled from the SBP.  

Public Law 92-425, 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.  It provides an annuity of 55 percent (pre-age 62) to beneficiaries from a “base amount.”  The base amount is the amount of retired pay (in dollars) on which participation is based.  The minimum base amount is $300.00; the maximum base amount is the member’s full retired pay.  The member may choose any dollar amount between the minimum and the maximum.

Public Law 105-85, enacted 18 November 1997, established the option to terminate coverage.  Members retired less than 2 years as of 17 May 1998 may terminate participation (with the spouse/former spouse’s concurrence, if appropriate) during the one-year period commencing on the second anniversary of their receipt of retired pay.  Members retired more than 2 years as of 17 May 1998 had a one-year period from 17 May 1998 through 16 May 1999 to disenroll.

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 this requirement.

2.  The applicant provides no evidence, such as a statement from the Retirement Services Officer that served his unit/installation, to show that he was improperly counseled concerning the SBP.  The SBP program was almost 25 years old as of his retirement date in 1996; it was not a new program even to soldiers retiring out of Korea.  

3.  As a commissioned officer, the applicant had a responsibility to himself and his family to fully inform himself on the SBP prior to making an election.  If he did not want coverage based on his full retired pay, an option to elect coverage with a reduced base amount was listed on the DD Form 2656.  He should have asked what that option entailed before making his decision.  

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

__svw___  __mhm___  __lds___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035532	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.