2. The applicant requests correction of his military records to show that he declined to participate in the SBP (Survivor Benefit Plan) upon remarriage to his current spouse.
3. The applicants military records show that he retired from active duty on 30 June 1962 with the rank of chief warrant officer four with more than 21 years of creditable active service.
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 on 1 December 1972. He notified the DFAS that his spouse died in February 1990. The Retired Annuitant Pay Statement issued to him at that time states that due to the death of his spouse the SBP cost was suspended, and that he should notified DFAS if he remarried.
5. In the processing of this case, a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) advised that the applicant failed to notify the DFAS of his remarriage before the first anniversary of the marriage. Had he done so, he would have been advised that he had the option to terminate the SBP coverage which had been suspended due to the loss of his spouse. The DFAS offered no objections to granting the applicants request.
CONCLUSIONS:
1. The evidence of record shows that the applicant had elected SBP participation for his first spouse. When his spouse died, the SBP coverage was suspended, and he was informed that he should notify the DFAS if he remarried.
2. It appears that the applicant neglected to notify the DFAS of his remarriage within the first year, and this resulted in unwanted SBP coverage.
3. Although he did not exercise his option to terminate SBP coverage at the time of his remarriage, it would still be appropriate to correct the records as recommended by the DFAS.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned terminated spousal SBP coverage subsequent to his remarriage on 6 November 1993 and to reimburse him for premiums collected since that date if applicable.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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