APPLICANT REQUESTS:  That his spouse be covered under the Survivor Benefit Plan (SBP).

APPLICANT STATES:  In effect, that he was married on 25 November 1994.  When he retired he enrolled his dependent child.  His SBP stopped when his child came of age in the early 90s.  He submits no supporting documentation.

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

He was born on 21 December 1932.  He was initially inducted on 8 April 1953, was separated, and reenlisted in the Army on 16 June 1955.  He retired on       30 June 1973, in pay grade E-7, after 20 years of creditable active service.

At the time of his retirement the applicant was unmarried and had elected “child only” SBP coverage.

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.  

Title 10, U.S. Code, the SBP, provides that a person who is not married upon becoming eligible to participate in the Plan but who later marries may elect to participate in the Plan.  Such an election must be in writing, signed by the person making the election and received by the Secretary concerned within one year after the date on which that person marries.

In the processing of this case, a staff advisory opinion was obtained from the Headquarters Army Retirement Services, which recommended the applicant’s request be disapproved.  The opinion states that the applicant had married on  29 April 1977 but did not make a written request to add his spouse to his SBP coverage until 14 October 1983.  Since the request was outside of the one year time frame required by law, enrollment was denied.  This action effectively closed his option to ever enroll a subsequent spouse in the SBP (except during an Open Enrollment period).  The opinion further states that the “Army Echoes” informs retirees regularly to make immediate notification of changes in marital status.

DISCUSSION:

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 the aforementioned requirement.

2.  The applicant failed to enroll his first acquired spouse after his retirement.  By law, this prevents him from enrolling any subsequently acquired spouse.

3.  The applicant should closely monitor the “Army Echoes” to determine if and when Congress authorizes any future Open Enrollment period that would allow him to enroll his current spouse.

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 injustice.

BOARD VOTE:

                       GRANT 

                       GRANT FORMAL HEARING

                       DENY APPLICATION




                              Loren G. Harrell
                      		        Director