MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 September 2003  
	DOCKET NUMBER:   AR2003086309

	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	
	Ms. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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 that he elected to participate in the Survivor Benefit Program (SBP).

APPLICANT STATES:  That he and his spouse were not adequately counseled 
concerning the SBP.  Therefore, DD Form 2656 (Data for Payment of Retired Personnel) was not completed properly.  In support of his application the applicant submits copies of the DD Form 2656.

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

After having prior service, the applicant entered the Active Guard Reserve (AGR) program and entered active duty on 8 August 1983.  

On 30 April 1999, the applicant retired early for length of service in the rank of Sergeant Major, E-9.

On 6 April 1999, the applicant completed the DD Form 2656.  Section VII (Survivor Benefit Plan (SBP) Election) informs the member to see his Survivor Benefit Plan Counselor before making an election.  Item 28 (Beneficiary Category) of the DD Form 2656 shows that he elected not to participate in the SBP.

On 6 April 1999, the applicant's spouse signed the DD Form 2656.  Section VIII (Survivor Benefit Spousal Concurrence) of the DD Form 2656 states that spousal concurrence is required when a member is married and does not elect full coverage.  It further states that the spouse concurs with the Survivor Benefit Plan election made by his/her spouse, that the spouse received information that explains the options available and the effects of those options, and that the spouse signed the statement of his/her own free will.  Item 38 (Signature of Spouse) shows that the applicant's spouse concurred with his decision not to participate in the SBP.

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.  

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.  The evidence of record shows that the applicant declined to participate in the SBP on 6 April 1999.  The evidence of record also shows that the applicant's spouse concurred with the applicant's decision on the same date.  

2.  The Board also noted the applicant's contention that he and his spouse were not adequately counseled concerning SBP.  The applicant was senior non-commissioned officer.  The DD Form 2656 clearly identified the options available and informed him to see the SBP counselor prior to making an election.  He had a responsibility to himself to make an informed SBP decision.  His spouse acknowledged that she received an explanation of the SBP options and understood the effects of these options.  There is no evidence nor has the applicant provided any evidence to support his contention.

3.  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 which 
would satisfy this requirement.

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

__slp___  __wtm___  __tap___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086309	
SUFFIX		
RECON		
DATE BOARDED	20030909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.