| Mr. Loren G. Harrell | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. Robert W. Garrett | Member |
APPLICANT REQUESTS: That he be allowed to enroll his current spouse in the Survivor Benefit Plan (SBP).
APPLICANT STATES: At the time he retired he was divorcing his spouse. He remarried on 24 June 1995.
EVIDENCE OF RECORD: The applicant's military records show he initially enlisted in the Regular Army on 22 November 1955; had a break in service; reenlisted on 1 May 1959; and retired, in pay grade E-7, on 31 October 1979.
When he completed DA Form 4240, Data for Payment of Retired Army Personnel, he declined coverage under the SBP. At the time, he was married and had one 19-year old step-daughter and one 12-year old son.
His divorce decree and marriage license are not available.
Public Law 95-245, 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. An SBP election is permanently irrevocable.
In the processing of this case, an advisory opinion was obtained from the Army Retirement Services. That opinion noted that the applicant was married with children on the date of his retirement even though he may have been in the process of a divorce at that time. When he declined spouse and child coverage, he excluded all subsequently gained spouses and children from eligibility. Only an Open Enrollment Season would allow him the opportunity to enroll his current spouse but there are now no known plans for Congress to call for one.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion it is concluded:
1. The applicant’s SBP election was properly made. There is no evidence of government administrative error. Barring Congress declaring an Open Enrollment Season, his election is permanently irrevocable.
2. 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 or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
GDP_____ CLA_____ RWG_____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC97-11266 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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