MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 July 1999                   
	DOCKET NUMBER:   AR1999015576

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		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 records be corrected to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage within one year of his date of marriage.

APPLICANT STATES:  At the time of his retirement he was an unmarried Roman Catholic priest.  SBP was a non-issue and he had no knowledge of its existence. When he married on 14 January 1995, he was unaware of SBP coverage and only learned of it on 25 February 1997.  He provides no supporting documentation.

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

After having had prior service, he was commissioned on 1 April 1967 in the Chaplain Corps.  He retired on 1 April 1986, was immediately recalled to active duty and reverted to retired status on 1 April 1989.  His DD Form 2656, Data for Payment of Retired Personnel, is not available.

The applicant apparently married on 14 January 1995.  He apparently attempted to enroll his spouse in the SBP on 25 February 1997.

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.  Participation could be made for any one of several categories:  spouse, spouse and children, former spouse, or person with insurable interest.  A person who is not married upon becoming eligible to participate in the SBP but who later marries may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries.

Public Law 105-261, enacted 17 October 1998, established an Open Enrollment period to be conducted during the period 1 March 1999 through 29 February 2000.

In the processing of this case, an advisory opinion was obtained from the Army Retirement Services Office (SEE ATTACHED).  That office recommended disapproval of the applicant’s request as there is no evidence of government administrative error.  

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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.  Although the applicant’s DD Form 2656 is not available, he should have automatically received an SBP briefing prior to his retirement regardless of his marital status.  He may not have had a spouse or children to consider but he could have elected insurable interest coverage.

3.  It is a long-held fact that an officer is responsible for his own career management/decisions.  As a commissioned officer, he had a responsibility to himself to immediately research how a change in his marital status could affect his retired status/pay, especially as his marriage was obviously a drastic change from his previous life. 

4.  An Open Enrollment Period is currently in effect until 29 February 2000.  The applicant should contact the nearest Retirement Services Officer (directory attached) to obtain information on how to enroll his spouse in the SBP.

5.  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

__sac___  __emw___  __js____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015576	
SUFFIX		
RECON		
DATE BOARDED	19990714	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	137.01	
2.		
3.		
4.		
5.		
6.