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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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
ARMY | BCMR | CY1996 | 9610976C070209
On 25 September 1990, they divorced. 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. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the applicant is enrolled in SBP for former spouse based on the full retired pay, retroactive to date of divorce with no lapses in the requirement to pay for protection rendered.
ARMY | BCMR | CY1996 | 9605799C070209
The applicant requests correction of the military records of her late ex-husband, the former service member (FSM) to show that he changed his SBP (Survivor Benefit Plan) election from spouse and children to former spouse subsequent to his divorce. This request had to made within 1 year from the date of the divorce. In the processing of this case, a staff advisory opinion was obtained from the SBP Board which recommended the applicants SBP election be changed from spouse and child to...
ARMY | BCMR | CY1996 | 9607954C070209
The applicant was divorced on 24 June 1991. 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. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY1996 | 9606379C070209
He had completed more than 20 years of active service and retired in pay grade E-6, at the time of his retirement he elected SBP participation for spouse only. On 11 December 1995, the applicant appealed to this Board for correction of her ex-spouses military records. 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...
ARMY | BCMR | CY1996 | 9606446C070209
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. The SBP Board recommended approval of the applicants request to change his SBP election from spouse to former spouse retroactive to date of divorce, 1 August 1988. ...
ARMY | BCMR | CY2001 | 2001058416C070421
The DFAS also informed the MC that the divorce of the FSM was not reported until after his death, and since there was no record of the FSM or the applicant electing to provide coverage for the applicant within one year of divorce, the applicant was not entitled to an annuity under the SBP. Neither the applicant nor the FSM made application to have SBP coverage designation changed to former spouse within one year after their divorce in 1994, as required by law. Therefore, the record should...
ARMY | BCMR | CY1996 | 9607898C070209
The FSM election for SBP coverage for spouse and child came into effect on the date of his retirement. There is no evidence in the FSMs record which indicates that he requested former spouse coverage. There is no evidence in the FSMs record which indicates that he requested former spouse coverage.
ARMY | BCMR | CY2011 | 20110017562
The applicant states: * she and the FSM gave the best years of their lives to the Army * the only reason she divorced the FSM is because of what Operation Desert Storm did to him; he came back a different man * their divorce decree clearly stipulated that she was to be the beneficiary under the SBP at the FSM's expense * the FSM paid SBP premiums from his retired pay each and every month * in spite of their divorce, she and the FSM spoke at least once a week * when the FSM knew he was dying...
ARMY | BCMR | CY2015 | 20150003158
The applicant requests the records of her deceased former husband, a former service member (FSM), be corrected to show he elected former spouse Survivor Benefit Plan (SBP) coverage. Her former spouse's SBP election was then changed from spouse coverage to former spouse coverage. On 16 December 2014, by letter, DFAS informed the applicant that after a review of the FSM's pay records, it was determined that the wording in the divorce decree was insufficient to establish that the court...
ARMY | BCMR | CY2009 | 20090004681
The evidence of record shows that prior to his retirement in 1977, the FSM elected full SBP spouse coverage. However, there is no indication that the FSM submitted the necessary forms to change his SBP election from "spouse" to "former spouse" within one year of the divorce. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he changed his SBP coverage from "spouse" coverage to "former spouse" coverage" within one...