MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2000                   
	DOCKET NUMBER:   AR2000038187

	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:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 he be disenrolled from the Survivor Benefit Plan (SBP).

APPLICANT STATES:  That when he retired he felt the SBP would be worth it for the protection it gave his wife.  His wife has since come into an inheritance, her financial future is secure and the SBP is no longer needed.  He knows the disenrollment period ended 16 May 1999 and at that time the SBP was still advantageous to his wife but the situation has now changed and, 9 months later, she does not need the SBP.  He requests a waiver of the 16 May 1999 cut off date.  He would like to put his SBP payment to a better and more productive use. His wife concurs in this request.  

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

He was born on 14 January 1926.  After having had prior enlisted service in the U. S. Navy and the U. S. Army Reserve (USAR), he was appointed a warrant officer in the USAR in 1961.  His notification of eligibility for retired pay (his 20-year letter) is not available.

The Defense Finance and Accounting Service has confirmed that he enrolled in the Reserve Component SBP (RCSBP) on 12 June 1979 for spouse only coverage.

Public Law 95-397, the Reserve Component SBP (RCSBP), enacted                 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.  An election, once made, is irrevocable unless specifically authorized by statute.  Reservists who already had their 20-year letter could enroll during the open enrollment period from 1 October 1978 through      31 March 1980.

Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Members, with the consent of the spouse/former spouse, may terminate enrollment during the one-year period commencing on the second anniversary of their receipt of retired pay.  Members who were retired for more than two years as of 17 May 1998 were authorized a one-year opportunity (17 May 1998 through 16 May 1999) to disenroll, with the consent of the spouse/former spouse.

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.  Unfortunately, the 1997 law very specifically limited the disenrollment period to a one-year period ending 16 May 1999 for reservists in the applicant’s situation.  To grant relief at this point would be contrary to the stabilizing provisions of the statue that make elections irrevocable.

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

__vbc___  __jea___  __ewl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038187	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.03	
2.		
3.		
4.		
5.		
6.