IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20140020886 


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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show he changed his Survivor Benefit Plan (SBP) election from former spouse coverage to spouse-only coverage.

2.  The applicant states:

	a.  He requests approval of his SBP election for his spouse (C____).  He married C____ on 4 December 1999.

	b.  He informed the Defense Finance and Accounting Service (DFAS) of the remarriage of his former spouse (M____ E____) on 21 April 2013 and requested suspension of the SBP.  At that time, he was unaware that his current spouse could be covered.

	c.  He was unaware that a change in SBP had to be made within 1 year of his former spouse's remarriage on 14 April 2012.  He informed DFAS when he learned of this.

	d.  On 25 September 2014, he was informed by DFAS that his current spouse could be covered and advised to submit a DD Form 2656-6 (SBP Election Change Certificate) and this application.

3.  The applicant provides:

* letters he wrote to DFAS, dated 21 April 2013 and 20 November 2014
* his former spouse's marriage announcement
* his marriage certificate to C____
 
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve on 15 May 1981.  He was appointed as a first lieutenant in the Army National Guard on 18 January 1985.

2.  He married C____ on 4 December 1999.

3.  His DD Form 2656 (Data for Payment of Retired Personnel), dated 13 June 2001, shows:

* he divorced M____ E____ (date of birth 17 September 1960) on 9 April 1999
* he elected former spouse coverage for M____ E____, full base amount
* he was making the former spouse election pursuant to the requirements of a court order

4.  A DD Form 2656-1 (SBP Election Statement for Former Spouse Coverage), dated 13 June 2001, shows he elected former spouse coverage due to a court order.

5.  He retired on 31 July 2001 in the rank of major.

6.  He provided a letter he wrote to DFAS, dated 21 April 2013, wherein he notified DFAS that his former spouse remarried on 14 April 2012.

7.  He provided a copy of his former spouse's (M____ E____'s) marriage announcement which shows she remarried on 14 April 2012 (age 51).

8.  A letter from DFAS, dated 31 October 2013, states:

	a.  an adjustment was made to the SBP portion of his retired pay account (based on his former spouse's remarriage before the age of 55);

	b.  this adjustment is from former spouse coverage to no beneficiary coverage with an effective date in April 2012 and his SBP cost was changed to $0.00; and

	c.  since this is a retroactive change, he was overcharged for SBP.  He and his former spouse were refunded $1,535.70.

9.  He provided a DD Form 2656-6, dated 26 September 2014, which shows he requested his coverage be changed to spouse only for C____.

10.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  To retain annuity eligibility, a surviving spouse cannot remarry before age 55.  If he or she remarries before age 55, eligibility may be regained if that remarriage is terminated by death, divorce, or annulment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enrolled in the SBP for former spouse coverage in 2001, indicating the election was required by court order.

2.  In 2013, he found out his former spouse's remarriage in April 2012 (before age 55) made her ineligible for SBP benefits; therefore, he notified DFAS.  As a result, his retired pay account was adjusted to reflect no beneficiary coverage effective April 2012 and he was refunded some monies (his portion of the SBP premiums) for overpayment of SBP.

3.  Since his former spouse would be eligible for coverage if her current marriage terminates and any SBP is hers by virtue of a court-ordered division of property, no other election can be made for SBP coverage.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20140020886



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ABCMR Record of Proceedings (cont)                                         AR20140020886



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