2. The applicant request, in effect, correction of the military records of her late husband, the former service member (FSM), by honoring the open enrollment election for Supplemental Survivor Benefit Plan (SSBP) coverage and waive the 2 year survivorship requirement.
3. The FSMs military records show that he was born on
15 August 1929. He was a member of the United States Army Reserve. The FSMs record indicates that he elected RC-SBP for spouse, full retired pay. However, the particulars are missing from his file. On 1 June 1979, the FSM retired from military service in pay grade 06. On 22 March 1993, during the Open Enrollment Season (1992-1993), the FSM elected Supplemental Coverage Survivor Benefit Plan (SSBP) for spouse at an additional 15 percent, effective 1 April 1993.
4. On 30 March 1995, the FSM died from a self inflicted gunshot wound to the head, due to, or as a consequence of prostate cancer.
5. Public Law 101-189 provided for an open enrollment season for the period 1 April 1992 to 1 March 1993, and permitted members eligible for retired pay to elect SBP participation. However, if a retiree died before 2 years following the effective date of the enrollment, the election became void, and premiums paid would be refunded. It was further stipulated that an election would become effective the first day of the month following the date of the election. The FSM signed a DD Form 2618 on 22 March 1993, his election became effective 1 April 1993. He died on
30 March 1995, 2 days before the SSBP coverage became effective.
7. In the processing of this case, a staff advisory opinion was obtained from the Defense Finance and Accounting Service, in Cleveland Ohio, which recommended denial of the applicants request for waiver of the 2 years survivorship requirement.
CONCLUSIONS:
1. The evidence of record shows that on 22 March 1993, the applicant elected SSBP participation for his spouse. He died on 30 March 1995, more than 2 years after the actual date, but 2 days short of the second anniversary of the effective date of enrollment.
2. While it is true, coverage did not start until 1 April 1995, it is also clear that the intent of the FSM on
22 March 1993, was to provide supplemental coverage for his spouse. Holding the package until the first day of the following month was no doubt a bookkeeping convenience but should not work to the detriment of the FSM or his surviving spouse.
3. Therefore, notwithstanding the foregoing and the advisory opinion provided by DFAS, the former spouse should not be penalized in this case.
4. Therefore, in view of the unique facts of this case, it would be fair and just to correct the records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by waiving the 2 days needed to meet the 2-year anniversary effective date of 1 April 1995, and by showing that the surviving spouse is enrolled in the SSBP based on the enrollment date of 22 March 1993.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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