2.  The applicant requests correction of his military records to show that he elected SBP (Survivor Benefit Plan) participation for his former spouse.  He states, in effect, that prior to the one year limitation, the Army was sent a copy of the final divorce decree; which stipulated maintenance in the SBP for former spouse and that he did not realize he had to take additional action to implement the agreement.

3.  The applicant’s military records show that the applicant retired from active duty on 1 October 1990, with more than 20 years of active service in pay grade 0-5.  On the same day he elected spouse coverage, based on full retired pay. Subsequently, they divorced on 11 July 1994.  The divorce decree mandated maintenance in the SBP for the former spouse.  The applicant provided the Defense Finance & Accounting Service - Indianapolis Center (DFAS-IN) a copy of the divorce decree that ordered former spouse SBP coverage. However, he failed to make a written request to (DFAS-IN) of his conversion of the SBP coverage from spouse to former spouse coverage as required by law.  On 24 August 1995, the applicant’s participation was suspended. (Date of suspension was telephonically confirmed by DFAS on 25 August 1997).

4.  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.  Military members who were retired before 21 September 1972 had until 20 September 1974 to apply for coverage under the SBP.  The applicant elected SBP participation for his spouse during the Open Enrollment Season in June 1973.  

5.  Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement  The law stipulated that the retiree had to request the Defense Finance and Accounting Service to change the SBP participation from spouse to former spouse.  This request had to made within 1 year from the date of the divorce.  The applicant was divorced on 1 August 1988.  The divorce decree stipulated that his spouse would be maintained in the SBP as a former spouse.  

6.  In the processing of this case, a staff advisory opinion was obtained from the SBP Board in the Office of the Deputy Chief of Staff for Personnel.  The SBP Board recommended  approval of the applicant’s request to change his SBP election from “spouse” to “former spouse “ retroactive to date of divorce, 11 July 1994. 

CONCLUSIONS:

1.  The evidence of record shows that the applicant divorced in 1994, the divorce decree stipulated maintenance in the SBP for his former spouse.  The applicant sent a copy of the divorce decree, which ordered former spouse SBP coverage to DFAS-IN.  However, he did not make a written request for the election change within 1 year after the divorce.  However, the applicant’s record indicates that he wants to comply with the court order and the final divorce decree.  

2.  Therefore, in the best interest of both parties concerned justice would be best served by granting the applicant’s request.      

3.  In view of the foregoing findings, conclusions and the advisory opinion, it would be appropriate to correct the records as recommended below.  

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned changed his SBP participation from spouse to former spouse effective 11 July 1994 (the date of the divorce) with retroactive payment of cost.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON