| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Mark D. Manning | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Karen Y. Fletcher | Member |
2. The applicant requests that he be refunded all Survivor Benefit Plan (SBP) premiums deducted from his retired pay from the date of his divorce in 1982 to the present.
3. The applicant states that he called the Army in 1982 requesting information concerning being removed from the SBP. He was told that if he was removed from the SBP he could not be reinstated. He was never informed otherwise.
4. The applicant’s military records show that, after having had prior enlisted service, he was commissioned in January 1943. He retired from active duty on 1 December 1963. He enrolled in the SBP in January 1974 apparently when he was married to Lillie. It is not known how that marriage terminated. He married Joyce on 6 July 1976 and they divorced on 16 April 1982. The divorce decree did not mention the SBP. He confirmed with the staff of the Board on 17 May 2002 that he never remarried after his 1982 divorce.
5. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. It declared a 12-month Open Season for those members who retired prior to enactment of the law. Public Law 93-155, enacted 16 November 1973, extended that Open Season from 12 to 18 months (21 September 1972 – 20 March 1974).
6. Public Law 94-495, enacted 14 October 1976 but effective 1 October 1976, provided that spouse costs would be suspended if marriage ends in death or divorce.
7. 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.
CONCLUSIONS:
1. The applicant states that, after he divorced in 1982, he requested that he be “removed” (i.e., disenrolled) from the SBP. He does not state that he mentioned to the Army that he was divorced. It appears that he was informed, correctly, that if he was removed/disenrolled from the SBP he could not be reinstated.
2. It appears that the applicant did not give enough information to the Army in 1982 and that the Army did not make inquiries as to why he was requesting disenrollment. Had the Army learned that he had divorced and no longer had an eligible beneficiary, his spouse coverage would have been suspended. Since he did not remarry after his 1982 divorce, his last SBP premiums would have been deducted on or about 1 May 1982.
3. In view of the foregoing, the applicant’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 applicant provided the appropriate office a copy of his divorce decree on 1 May 1982 and that his SBP spouse coverage was suspended on 1 May 1982.
2. That as a result of the above correction, any SBP premiums deducted from the applicant’s retired pay since 1 May 1982 were deducted in error and all such premiums should be refunded to him.
3. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__mdm___ __le____ __kyf___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Mark D. Manning
______________________
CHAIRPERSON
| CASE ID | AR2002068626 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020523 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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ARMY | BCMR | CY2002 | 2002065650C070402
The applicant was appointed the executor-administrator of his estate. Records at DFAS-CL indicate the FSM continued to pay SBP premiums until his death. 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.
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ARMY | BCMR | CY2007 | 20070005367
Public Law 99-661, enacted 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. While the divorce decree does not require the applicant to provide SBP to his former spouse, it is his desire to do so. Therefore, it would be appropriate to correct the applicant's records to show that he timely elected to participate in SBP...
ARMY | BCMR | CY1996 | 9606446C070209
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 The law stipulated that the retiree had to request the Defense Finance and Accounting Service to change the SBP participation from spouse to former spouse. The SBP Board recommended approval of the applicants request to change his SBP election from spouse to former spouse retroactive to date of divorce, 1 August 1988. ...
ARMY | BCMR | CY2009 | 20090001548
The applicant, the former spouse of a deceased former service member (FSM), requests that she be provided an annuity under the FSMs Survivor Benefit Plan (SBP). 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 Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2006 | 20060003619C070205
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ARMY | BCMR | CY2006 | 20060003265C070205
She states that they were legally separated on 7 November 1977 and the decision to conclude with a divorce was made in March 1980 prior to the FSM’s retirement. He should not have been paying SBP premiums from on or about 10 June 1980, when they divorced, until 24 September 1983, when former spouse coverage for retired members was established. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM had...
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Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The election must be made prior to the effective date of retirement, or coverage automatically reverts to spouse coverage, full base amount. Public Law 94-496, dated 14 October 1976 but effective 1 October 1976, provided for the suspension of spouse costs if marriage ends in death or divorce.