PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 May 2002
	DOCKET NUMBER:   AR2002069372

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show he enrolled in the Survivor Benefit Plan (SBP) within one year after his marriage.

3.  The applicant states, in effect, that he was not married when he retired and so knew very little about the SBP.  When he and his spouse applied for her identification card, he was not informed of the requirement to enroll in the SBP within one year of marriage.

4.  The applicant’s military records show that, after having had two periods of prior active service, he reenlisted in the Regular Army on 18 November 1959.  He retired on 1 December 1980.  At that time, he completed a Data for Payment of Retired Army Personnel, DA Form 4240, indicating he was not married, had no dependent children, and that he declined to participate in the SBP.

5.  The applicant married on 28 April 2000.

6.  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.  

7.  Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married or has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.  

CONCLUSIONS:

1.  Although the applicant does not indicate that he inquired as to SBP enrollment procedures after he married, the last SBP briefing he received was 20 years earlier when he retired.  The Board accepts his contention that he did not know he needed to enroll in the SBP within one year after his marriage in April 2000 but that it was his intention to do so.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant enrolled in the SBP for spouse coverage, full base amount on 1 May 2000.

2.  That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any SBP costs due.  

BOARD VOTE:  

_RVO___  ___JPI__  __PM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002069372	
SUFFIX		
RECON		
DATE BOARDED	2002/05/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.