| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
2. The applicant requests that his records be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage.
3. The applicant states that upon his divorce he was ordered to keep his former spouse as the SBP beneficiary. He sent a copy of the divorce decree and a letter to the Army requesting this action be taken. Recently, his former spouse was informed that his current spouse is the beneficiary.
4. The applicant’s military records show that he enlisted in the Regular Army on 28 April 1961. He retired on 1 May 1981. At that time he enrolled in the SBP for spouse and children coverage, full base amount.
5. On 13 October 1987, the applicant was divorced. The divorce decree states in pertinent part “Joint petitioner… shall maintain and keep in full force his military Survivor Benefit (SBP) insurance plan, naming joint petitioner, ...as beneficiary, and shall keep his Survivor Benefit (SBP) insurance plan in full force indefinitely…" On 14 October 1987, the applicant sent his divorce decree to the Army Finance and Accounting Center with instructions to “Please amend my SBP to show my ex-wife as beneficiary.”
6. On an unknown date, the applicant remarried.
7. 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.
8. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP for former military spouses for retiring members. Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members (Reservists, too).
9. 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 retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election.
10. Title 10, U. S. Code, section 1448(b)(3) incorporates the provisions of the USFSPA relating to the SBP. It permits a person who, incident to a proceeding of divorce, is required by court order to elect to provide an annuity to a former spouse to make such an election. Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of divorce.
CONCLUSIONS:
1. The Board concludes that the applicant made a good faith effort to comply with the state court’s order to retain his former spouse as his SBP beneficiary and that he did so in compliance with Federal law. He sent his divorce decree and a written request to change his SBP coverage to former spouse coverage to the appropriate office within one year of his divorce. It appears that through no fault of his own his request was not acted upon and the omission was not identified until recently.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the applicant requested to change his SBP coverage from spouse and children coverage to former spouse and children coverage on 14 October 1987 and that his request was received and processed by the appropriate office.
BOARD VOTE:
__cla___ __aao___ __hbo___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Celia L. Adolphi
______________________
CHAIRPERSON
| CASE ID | AR2001056847 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011030 |
| 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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