RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2007 DOCKET NUMBER: AR20060013175 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. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Ms. Linda Simmons Chairperson Mr. Jerome Pionk Member Mr. Eddie Smoot Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse only coverage. 2. The applicant states that she married the FSM on 24 October 1953 and that the election of “no beneficiary” is incorrect. She also acknowledges that she understands she will not receive the SBP payments until all back payments are made. 3. The applicant provides a marriage certificate; her birth certificate; and the FSM’s death certificate. CONSIDERATION OF EVIDENCE: 1. The FSM served in the Army National Guard from 23 October 1947 to 19 September 1949. He enlisted in the Regular Army on 20 September 1949. He married the applicant on 24 October 1953. On 31 January 1970, the FSM retired in the rank of first sergeant after completing over 20 years of active service. 2. The FSM died on 17 August 2006. 3. Records at the Defense Finance and Accounting Service (DFAS) show the FSM did not make an SBP election prior to his death. 4. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. Upon creation of the SBP, an 18-month Open Season was conducted from 21 September 1972 to 20 March 1971, in which all pre-1972 retirees were given the option to enroll. The Department of the Army contacted all previously retired service members and explained to them the benefits and procedures provided by the SBP. This was done on several occasions. First, a bulletin was sent out describing SBP. The bulletin was followed by a circular and would extend the benefits of SBP to those already retired. A final notice provided a box to check on a postal card indicating the retiree’s intention. 5. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible an annuity. 6. Public Law 101-189, enacted 29 November 1989, established an Open Season to be conducted 1 October 1991 (but deferred to 1 April 1992) – 30 September 1992. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. 7. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 – 29 February 2000. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. Extensive publicity was given in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army. 8. The National Defense Authorization Act for Fiscal year 2005 established an Open Season to be conducted 1 October 2005 to 30 September 2006. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. DISCUSSION AND CONCLUSIONS: Although the FSM retired in 1970, there is no evidence to show he enrolled in the SBP when it was established in 1972. Since the records at DFAS show the FSM did not make an SBP election prior to his death, and evidence of record shows he had several opportunities to enroll in the SBP during Open Seasons, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING LS_____ __JP____ ___ES___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___Linda Simmons_______ CHAIRPERSON INDEX CASE ID AR20060013175 SUFFIX RECON DATE BOARDED 20070508 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 137.0000 2. 3. 4. 5. 6.