MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 2000                   
	DOCKET NUMBER:   AR1999032671

	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 Survivor Benefit Plan (SBP) coverage be canceled and he be reimbursed all premiums he paid.

APPLICANT STATES:  That the SBP was not properly explained to him and his wife.  They were under the impression that it was mandatory to sign up for SBP.

EVIDENCE OF RECORD:  The applicant's military records from his last period of service are not available.

The applicant apparently retired from the active Army on 1 October 1997.  At that time, he elected to participate in the SBP for spouse only coverage.  Option g of section VII on the DD Form 2656, Data for Payment of Retired Personnel is “I elect not to participate in SBP.”

On 2 October 1998, the applicant and his spouse attempted to terminate his enrollment in the SBP.

Public Law 92-425, 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.  Changes in SBP options are not authorized except in specific instances, or authorized by law.

Public Law 105-85, enacted 18 November 1997, established an option to terminate SBP participation.  Members retired less than 2 years on the effective date of the law may terminate participation, with the spouse’s concurrence, during the 1-year period commencing on the second anniversary of their receipt of retired pay.  Premiums paid during the 2-year period are non-refundable since coverage was in effect for that period.

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.  As a senior non-commissioned officer, the applicant had a responsibility to himself to become fully informed in all aspects of the SBP before making his decision to participate.  In addition, the Board finds it unreasonable to believe the applicant was under the impression it was mandatory to sign up for the SBP when one of the options available and clearly designated on the DD Form 2656 was the option to decline to participate.

3.  The applicant attempted to terminate his participation in 1998, which by law was not within the disenrollment period available to him.  He retired on 1 October 1997; his 1-year disenrollment period began on 1 October 1999 and will end on 30 September 2000.  He and his spouse should exhaust the administrative remedy available by completing DD Form 2656-2 during this time period and resubmitting it to the Defense Finance and Accounting Center.

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	AR1999032671	
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.