Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9706023
Original file (9706023.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That the Survivor Benefit Plan (SBP) election of her ex-spouse, a former service member (FSM), be changed to reflect herself as the beneficiary.
APPLICANT STATES : In effect, that she, who was married to the FSM for 25 years, and not his second wife, who has now remarried anyway, is the proper beneficiary of his SBP.

 EVIDENCE OF RECORD : The FSM’s military records show:

He was born on 18 July 1932. He enlisted in the Army on 5 January 1951.

The FSM and the applicant married on 16 June 1957.

On 9 May 1980, the U.S. Army Reserves notified him he had met eligibility requirements for retirement at age 60.

On 16 May 1980, the FSM completed DD Form 1883, SBP Election Certificate, electing coverage of spouse only, option C (immediate coverage should he die before age 60) under the Reserve Component Survivor Benefit Plan (RCSBP).

On 11 November 1982, the FSM and the applicant were divorced.

On 15 February 1983, the FSM notified the Reserve Component Personnel and Administration Center (USARPAC) that he was divorced and requested a new DD Form 1883 so he could change his SBP election to reflect no spouse coverage.

In an undated letter, the FSM notified USARPAC that he had remarried on 18 June 1988 and requested a new DD Form 1883 so he could change his SBP election to reflect coverage of his new spouse. On 31 August 1989, he completed DD Form 1882, SBP Election Change, to make that change.

On 24 August 1992, the FSM completed DA Form 4240, Data for Payment of Retired Army Personnel, again listing his second spouse as his SBP beneficiary.

He was placed on the retired list on 18 July 1992, upon reaching age 60, in pay grade O-3.

On 10 November 1992, the FSM died.

At some point, his surviving, second spouse remarried prior to age 55 and lost her annuity entitlement.

Public Law 92-245, 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.

Public Law 95-397, the RCSBP, dated 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60.

Public Law 97-252, dated 8 September 1982, established SBP for former military spouses.

Public Law 99-145, dated 8 November 1985, permitted retirees to elect SBP coverage for a former spouse under spouse coverage provisions vice insurable interest provisions.

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 or was still on active duty and had not yet made an SBP election.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Headquarters Army Retirement Services, which recommended the applicant’s request be disapproved. The opinion states that it found no evidence of government administrative error. The applicant’s contention that the FSM’s initial election was permanent and irrevocable was correct, but only so long as he had an eligible spouse. The applicant’s eligibility in that category ended upon the date of the divorce. The FSM had opportunities to elect to cover his former spouse, but he chose not to do so. Upon his remarriage, he did choose to cover his second spouse. Even though she has now remarried and lost her annuity entitlement, should her current marriage end in divorce or death, she would resume eligibility for that annuity.
DISCUSSION :

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The FSM’s SBP election was properly made at the time the applicant enrolled, and he properly and in a timely manner made all changes he requested due to changes in his marital status.

 3. In view of the foregoing, there is no basis for granting the applicant’s request.
DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error injustice.

 BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION




 Loren G. Harrell
                 Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9706023C070209

    Original file (9706023C070209.TXT) Auto-classification: Denied

    On 9 May 1980, the U.S. Army Reserves notified him he had met eligibility requirements for retirement at age 60. On 16 May 1980, the FSM completed DD Form 1883, SBP Election Certificate, electing coverage of spouse only, option C (immediate coverage should he die before age 60) under the Reserve Component Survivor Benefit Plan (RCSBP). 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...

  • ARMY | BCMR | CY2009 | 20090017757

    Original file (20090017757.txt) Auto-classification: Approved

    The applicant submits a DD Form 1883 completed by the FSM dated 13 January 1992: * showing his status as married * listing the applicant's name as his spouse * indicating he had two dependent children * electing SBP coverage for spouse and children * electing Option C based on full amount of retired pay 11. The applicant also submits a DD Form 2656 completed by the FSM on 24 April 2006: * showing his status as married * listing the applicant's name as his spouse * electing SBP coverage for...

  • ARMY | BCMR | CY2002 | 2002068814C070402

    Original file (2002068814C070402.rtf) Auto-classification: Denied

    The FSM’s widow submitted an application dated 14 April 2002 (AR2002074719) to the Board requesting she be granted the RCSBP annuity. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: Even if the will had “granted” the RCSBP to the applicant, she could not have received it because, again, she was not his spouse.

  • ARMY | BCMR | CY2004 | 2004000533C070208

    Original file (2004000533C070208.doc) Auto-classification: Approved

    The applicant requests that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to former spouse coverage. The applicant provides the FSM's death certificate. Since the available evidence shows the FSM did not remarry and no one is currently receiving the SBP annuity, as a matter of equity the applicant should be granted the SBP annuity.

  • ARMY | BCMR | CY2002 | 2002072132C070403

    Original file (2002072132C070403.rtf) Auto-classification: Approved

    On 20 October 1994, the FSM and the applicant divorced for the third time. When the FSM enrolled in the RCSBP in 1988, he was married to the applicant and he elected spouse coverage. He did not tell the Army that he was divorced and he continued to pay spouse premiums until his death.

  • ARMY | BCMR | CY2010 | 20100028722

    Original file (20100028722.txt) Auto-classification: Approved

    The applicant provides one of the FSM's Retiree Account Statements with an effective date of 5 December 2005. The statement shows the FSM elected spouse-only SBP coverage and shows his spouse's DOB as 27 September 1948. It would be appropriate to correct his DFAS records to show he elected former spouse coverage and option B under the RCSBP.

  • ARMY | BCMR | CY2008 | 20080016598

    Original file (20080016598.txt) Auto-classification: Approved

    Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or had not yet made an SBP election. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. As a result, the...

  • ARMY | BCMR | CY2002 | 2002076772C070215

    Original file (2002076772C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse coverage. On 10 August 1992, he completed a Survivor Benefit Plan Election Certificate, DD Form 1883, and elected to participate in the RCSBP for spouse only coverage, full base amount, option C. He named the applicant as his spouse and indicated they were...

  • ARMY | BCMR | CY2003 | 2003087380C070212

    Original file (2003087380C070212.rtf) Auto-classification: Approved

    The applicant submitted an application to this Board on 13 April 2002 requesting that she be granted the RCSBP/SBP annuity. She was advised that RCSBP/SBP elections are made by category and not name, and since the FSM did not change his coverage to former spouse coverage, she as the spouse at the time of the FSM’s death was the eligible beneficiary. It indicated that the applicant selected his former wife by name as his RCSBP/SBP beneficiary, and since he did not change this beneficiary...

  • ARMY | BCMR | CY2012 | 20120003015

    Original file (20120003015.txt) Auto-classification: Approved

    In a 15 July 2002 letter, the applicant's attorney indicated she mailed documents (e.g., certified copy of the final decree of divorce, letter from the applicant, and agreement to name the applicant former spouse beneficiary under the SBP) to the Defense Finance and Accounting Service (DFAS) in Denver, CO, with a return receipt request (7109 2817 3080 0000 0491). f. the necessary documentation was sent to DFAS in a timely manner along with the agreement between the spouses and a certified...