MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 November 2000                   
	DOCKET NUMBER:   AR2000039575

	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. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, 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 his records be corrected to show he declined enrollment in the Survivor Benefit Plan (SBP).

APPLICANT STATES:  That he and his wife were improperly counseled regarding the SBP.  They did not understand the money withheld would be so much with so little benefit.  There were not informed that they must be enrolled for two years before they could disenroll.

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

After having had prior service, he reenlisted in the Regular Army on 6 October 1994.  

On or about 12 August 1999, the applicant was placed on the Temporary Disability Retired List (TDRL) with a rating of 30 percent for bronchial asthma.  At that time he elected to enroll in the SBP for spouse only coverage, full base amount.  

On 22 June 2000, the Retirement Services Officer at Fort Campbell, KY confirmed that the applicant and his spouse attended a 60 – 90 minute SBP briefing on 1 July 1999 where cost factors and withdrawal information were discussed.  A copy of the email from Fort Campbell was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

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.  

Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt 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 evidence of record contradicts the applicant’s contention that he and his spouse were improperly counseled on the SBP prior to enrollment.  The Board concludes that there is no evidence of Government error or injustice that would justify granting the relief requested.

3.  The applicant may apply for withdrawal from the SBP on or about August 2001.

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

__mkp___  __jhk___  __wah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039575	
SUFFIX		
RECON		
DATE BOARDED	20001128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.