| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests reconsideration of her previous application to correct the records of her deceased former spouse, a former service member (FSM), to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. Her attorney states that a lawsuit in the Federal Court in the District of New Jersey between the applicant and the Army and the FSM’s current spouse was settled in the applicant’s favor.
3 Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 11 August 1999.
4. On 2 February 2001, the U. S. District Court, District of New Jersey ordered the Army to change the FSM’s records to show that he elected SBP former spouse coverage for the applicant. All future payments would be made to the applicant. The FSM’s widow agreed to give up any and all rights to any present or future benefits from the FSM’s SBP.
CONCLUSIONS:
In accordance with the order of the U. S. District Court, District of New Jersey, the FSM’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the FSM changed his SBP election to former spouse coverage on 1 September 1988.
2. That the Defense Finance and Accounting Service will be directed to begin paying the applicant the SBP annuity effective upon receipt of the Board’s directive. Action will not be taken to collect the SBP payments already made to the FSM’s current spouse.
BOARD VOTE:
__rwa___ __rtd___ __dph___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Roger W. Able
______________________
CHAIRPERSON
| CASE ID | AR2001053479 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010412 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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