| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP) for former spouse coverage.
APPLICANT STATES: Through her Representative in Congress, that she was married to the FSM for about 16 and ½ years of his military career. The FSM repeatedly told her that she would be provided for by him in the event of his death. Due to his career, she was compelled to do most of the raising of their three children and for much of her marriage she endured a great deal of verbal and physical abuse from him.
EVIDENCE OF RECORD: The FSM's military records show:
He enlisted in the Regular Army on 10 November 1954. He and the applicant married on 29 January 1958. Apparently, they were divorced from late 1971 until 9 March 1972, when they remarried.
The FSM retired on 1 December 1974. At that time, he completed a Data for Payment of Retired Army Personnel, DA Form 4240, declining to participate in the SBP and electing his mother as his beneficiary for unpaid retired pay.
The FSM and the applicant divorced on 26 July 1976. On an unknown date, he remarried. He died on 6 March 1981.
Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
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).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board is cognizant of the fact the applicant was married to the FSM for the majority of his military career; however, the evidence of record shows that the FSM declined to participate in the SBP when he retired in 1974. Even had he elected spouse coverage, the applicant would have lost her eligibility for the SBP annuity upon their divorce in 1976, since the law made no provisions for former spouse coverage until 1982, after he died.
2. Regrettably, 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
__RVO__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002070887 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/06/20 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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