IN THE CASE OF

		BOARD DATE:	    15 July 2014

		DOCKET NUMBER:  AR20140011831 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


CONSIDERATION OF ADDITIONAL EVIDENCE:

13.  On 3 July 2014, new information was received from an official at Retired and Annuity Pay, Defense Finance and Accounting Service (DFAS), Cleveland, OH, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130003265, dated 8 October 2013.

14.  The new information consists of a letter, dated 19 June 2014, from an official at the Retirement and Annuity Pay Operations, DFAS.  The official stated that in reviewing the case, his office noticed a discrepancy in the Board's determination that the applicant made an SBP election during an Open Season conducted from 1 October 1991 through September 1992.  DFAS records show the applicant elected SBP coverage for spouse and child on 21 September 1972 and he did not participate in the 1992 Open Season as indicated in the Board's decision.  Changing the election to spouse only coverage during an Open Season would cause additional costs.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

4.  At the time of the decision of the ABCMR in Docket Number AR20130003265, dated 8 October 2013, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

5.  The ABCMR's decision in AR20130003265, dated 8 October 2013, erroneously stated "It appears the applicant enrolled in the SBP during the 1992-1993 Open Season for spouse and child."

6.  As a result, the Board recommended that all Department of the Army records of the individual concerned be corrected by showing the applicant elected "spouse" only SBP coverage during the 1992/1993 Open Season.

7.  In view of the DFAS guidance, it is clear that the intent of the Board is to grant relief but the recommendation wording was not accurately stated.  Therefore, in order to avoid penalizing the applicant and in order to satisfy the DFAS requirement to state the correct year of enrollment, the recommendation in ABCMR Docket Number AR20130003265, dated 8 October 2013, should be amended as shown below.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

2.  That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 8 October 2013, as follows:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant elected "spouse" only SBP coverage during the initial 1972 Open Season and reimbursement of the child portion of the SBP cost retroactive to 1972. 



      _______ _  X______   ___
               CHAIRPERSON
      

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20140011831





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Supplemental Record of Proceedings (cont)                 AR20140011831



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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