MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 April 2002                   
	DOCKET NUMBER:   AR2002066593

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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, that his records be corrected to show he did not enroll in the Survivor Benefit Plan (SBP).

APPLICANT STATES:  That he was automatically enrolled in the SBP.  He thought he had marked the box electing not to participate in the SBP.

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

He was born on 19 October 1941.  After having had prior active duty and service in other Reserve components, he enlisted in the U. S. Army Reserve on            20 March 1990.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 22 July 1994.  He apparently did not enroll in the Reserve Component SBP.

On 3 May 2001, the applicant completed a Data for Payment of Retired Personnel, DD Form 2656.  He failed to check any subitem in item 26.  The SBP option in item 26g is “I elect not to participate in SBP.”

Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members entitled to retired pay could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  A failure to make any election defaults to automatic coverage.

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.  The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

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.  There is no evidence of Government error or injustice in this case.  The evidence of record indicates the applicant erred in failing to check item 26g of the DD Form 2656, which clearly indicated one of the SBP options was not to participate.  Therefore, he was automatically enrolled in the SBP.

2.  The applicant will have a one-year opportunity to disenroll from the SBP effective 19 October 2003.  His spouse will receive the protection of the SBP during the interim.  

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

__fne___  __bje___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066593	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.