MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          30 October 2003     
		DOCKET NUMBER:  AR2003087060

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 DD Form 1883 (Survivor Benefit Plan Election Certificate) be changed to show option C.  He also requests that his daughter be removed from item 15a (Last name, first, M.I.) as an unmarried dependent child under age 22. 

APPLICANT STATES:  That at the time he filled out this form he was separated from his wife, that he is now divorced, and that he was unclear on what type of option to choose.  He also contends that his daughter is over the age of 22 now and her name should be removed from item 15a.  

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

The applicant was born on 5 April 1951.  After having had prior enlisted service in the New York Army National Guard, he was commissioned as a Reserve officer, in the Army National Guard, on 2 October 1983.      

The applicant's notification of eligibility for retired pay at age 60 (his 20-year letter) was prepared on 17 December 1990.  On 9 January 1991, he completed a DD Form 1883 electing children only coverage, option B, full base amount and indicating that he had two dependent children (a daughter and son).  Item 9c of the DD Form 1883 explains each option.  The applicant and his spouse signed immediately below the explanation.

Public Law 95-397, the Reserve Component Survivor Benefit Plan, 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.  Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.    

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 Board considered the applicant's contention that he was unclear on what type of option to choose.  However, the applicant completed a DD Form 1883 and made a decision to provide an annuity beginning on the 60th anniversary of his birth should he die before that date, or on the day after his death should he die on or after his 60th birthday by electing option B.  The reverse of the DD Form 1883 clearly explained the three options and the consequences of not electing options A or C.  The applicant signed the DD Form 1883.  

3.  The Board also considered the applicant's contention that his daughter is over the age of 22 now and her name should be removed from item 15a.  However, at the time the applicant executed this form on 9 January 1991 his daughter was under the age of 22.  The Defense Finance and Accounting Service takes into account the passage of time when determining dependent Survivor Benefit Plan eligibility and costs.  
    
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

CLG____  EWL___  LCB______  DENY APPLICATION

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

INDEX

CASE ID	AR2003087060	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	137.0000	
2.		
3.		
4.		
5.		
6.