MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 2000                   
	DOCKET NUMBER:   AR1999026087

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 enrollment in the Survivor Benefit Plan (SBP) be cancelled and all premiums reimbursed.

APPLICANT STATES:  That he and his spouse did not agree to participate in the SBP.  He told the Retirement Services Officer (RSO) of their desire not to participate.  He was improperly counseled.

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

While on active duty in an Active Guard/Reserve (AGR) status, he suffered a stroke.  On 17 September 1998, a physical evaluation board found him unfit for duty and recommended he be medically retired with a 90 percent disability rating. He was retired on 10 January 1999.

At the time, the applicant elected to participate in the SBP for spouse and children coverage, full base amount.  The RSO at Fort Knox, KY has stated that he counseled the applicant by phone and encouraged him to elect SBP (because of his medical condition he did not report to Fort Knox for out-processing) because of the strong possibility that he could be uninsurable by any outside sources due to his medical condition.  The applicant did sign the DD Form 2656, Data for Payment of Retired Personnel.

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.

Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Members retired for two years are authorized a one-year opportunity, commencing on the second anniversary of their receipt of retired pay, to disenroll provided the spouse/former spouse’s written concurrence is provided.

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 the aforementioned requirement.

2.  The Board concludes that the RSO’s reason for encouraging the applicant to elect to participate in the SBP was reasonable and the applicant did sign the DD Form 2656 electing to participate.  He has provided no evidence to convince the Board he was improperly counseled.
3.  On 10 January 2001, the applicant will have been retired for two years and so will have a one-year opportunity, from 10 January 2001 – 9 January 2002, to disenroll from the SBP during that time.

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

__mkp___  __gdp___  __tbr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026087	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.03	
2.		
3.		
4.		
5.		
6.