| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Barbara J. Ellis | Member |
2. The applicant requests, in effect, that she be determined to be eligible to receive the Survivor Benefit Plan (SBP) annuity from her deceased former spouse, a former service member (FSM).
3. The applicant states that after 32 years of marriage she left the FSM because of a drinking problem. They reconciled and planned on remarriage. Her job involved much traveling. The FSM wrote her a letter informing her he had taken care of her, that she was entitled to many benefits, and that he was paying for the SBP. Neither of them remarried.
4. The FSM’s military records show that he was born on 29 November 1937. He enlisted in the Army National Guard in June 1954. He and the applicant married on 28 February 1957. He was appointed a warrant officer in the Army National Guard on 9 February 1971. His notification of eligibility for retired pay (his 20-year letter) is dated 21 November 1977.
5. The FSM enrolled in the Reserve Component SBP (RCSBP) on an unknown date for spouse only coverage. The Survivor Benefit Plan Election Certificate, DD Form 1883, is not available.
6. In 1989, the FSM and the applicant divorced. The divorce decree does not mention the SBP.
7. On 14 January 2000, the FSM apparently attempted to change his SBP coverage to former spouse coverage during the 1999 – 2000 Open Season by completing a Data for Payment of Retired Personnel, DD Form 2656. The proper form to have used was the Survivor Benefit Plan (SBP) and Reserve Component Survivor Benefit Plan (RCSBP) Open Enrollment Election, DD Form 2656-3. Apparently, the DD Form 2656 was not processed. He continued to pay spouse SBP costs until his death.
8. The FSM died on 9 December 2000. The death certificate indicates he was not married at the time of his death.
9. 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.
10. 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 to provide an annuity for their survivors should they die before reaching age 60. An Open Season was established from 1 October 1978 through 30 September 1979, later extended to 31 March 1980.
11. 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).
12. 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.
13. Public Law 105-261, enacted 17 October 1998, established an Open Season to be conducted 1 March 1999 through 29 February 2000. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.
CONCLUSIONS:
1. There is no Government error in this case. The evidence of record shows that the FSM failed to change his SBP coverage from spouse to former spouse coverage until 14 January 2000, during the last Open Season. Unfortunately, he used the incorrect enrollment form and did not live for the required 2-year period.
2. However, the Board concludes that as a matter of equity the applicant should be granted the SBP annuity. It was Congress’s intent in establishing the SBP to provide for those spouses who supported the military member for the majority of his or her military career. The applicant was married to the FSM for the majority of his military career. The FSM continued to pay spouse premiums after the divorce and did attempt to change his coverage 11 months prior to his death. The Board concludes that it would be appropriate to correct his records to show that he elected former spouse coverage on 1 January 1990, within one year of his divorce.
3. In view of the foregoing, 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 from spouse to former spouse coverage on 1 January 1990 and that his request was received and processed by the appropriate office in a timely manner.
2. That the applicant be advised that the Defense Finance and Accounting Service will be instructed to collect any SBP costs due.
3. That the applicant be paid an annuity based upon the FSM’s change in election retroactive to the date of his death.
BOARD VOTE:
__fne___ __mhm___ __bje___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
______________________
CHAIRPERSON
| CASE ID | AR2001060422 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011018 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060012822
The FSM divorced M___ E___ in 1982. MEMBER NEVER CANCELED HIS SBP ELECTION AFTER HIS DIVORCE. The evidence of record shows he was not married to the applicant at the time of his death.
ARMY | BCMR | CY2010 | 20100016126
The applicant requests the records of her deceased husband, a retired former service member (FSM), be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP) on the DD Form 2656 (Data for Payment of Retired Personnel), dated 28 March 2000. She requests the Board change the record to show the FSM elected spouse coverage under the SBP. On 18 March 2010, the ABCMR sent a letter to the applicant in response to her request for correction of military records, in effect,...
ARMY | BCMR | CY2009 | 20090013594
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. He married the applicant on 18 September 1980. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before...
ARMY | BCMR | CY2013 | 20130007305
Despite this, there is no documentation in his record that shows he elected to participate in the RCSBP after receiving his 15-year letter. Public Law 95-397, the RCSBP, enacted 30 September 1978, provides a means for those who have qualified for Reserve retirement, but who are not yet age 60 [upon which they would be eligible to begin drawing retired pay, upon request, and to participate in the SBP], to provide an annuity to their survivors should they die before reaching age 60. The...
ARMY | BCMR | CY2011 | 20110005377
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's record to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse and child coverage. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for Reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A)...
ARMY | BCMR | CY2012 | 20120021457
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's record to show he elected Survivor Benefit Plan (SBP) coverage and designated her as the annuitant of the SBP. On 15 May 1999, the FSM married the applicant. There are no documents in the available record, or provided by the applicant, that shows the FSM ever made an election to participate in the SBP within 1 year of his remarriage or during an Open Season enrollment period.
ARMY | BCMR | CY2015 | 20150001716
The applicant provided a letter she received from HRC, Reserve Components Retirements - Retired Pay Branch, dated 18 July 2014, which stated: This is in reference to your eligibility for Survivor Benefit annuity based on the military service of the FSM]. Since Reserve Soldiers are not eligible to receive their retired pay until after they have made their application for retirement at the age of 60, when they complete the DD Form 1883, they have the option to elect to participate in the...
ARMY | BCMR | CY2006 | 20060016301
The applicant requests, in effect, that the records of her former spouse, a deceased former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to children only coverage. The applicant provides a DD Form 2656-7 (Verification for Survivor Annuity), dated 4 October 2006; the FSMs 20-Year letter; a death certificate; a DD Form 1883 (Survivor Benefit Plan Election Certificate), date 9 January 2000; a marriage license; a divorce...
ARMY | BCMR | CY2014 | 20140020024
The applicant provides: * DD Form 2656-6 (SBP Election Change Certificate), dated 29 September 2011 * letter, dated 22 August 2012, from the U.S. Army (USA) Human Resources Command (HRC) * Orders Number 189-27, dated 18 August 1992, issued by the Oklahoma Army National Guard (OKARNG) * DD Form 2656-7 (Verification for Survivor Annuity), dated 10 August 2012 * certificate of death * certificate of marriage * Department of the Treasury, Internal Revenue Service Form W-4P (Withholding...
ARMY | BCMR | CY2008 | 20080000967
On 9 December 1997, an ARPERCEN letter informed the applicant of the FSM's election to decline immediate participation in the RCSBP and of his election to defer his final SBP election until applying for retired pay at age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start RCSBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the members 60th birthday; (C)...