| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Mr. Raymond V. O’Connor, Jr. | Member | ||
| Ms. Barbara J. Lutz | Member |
2. The applicant requests that his records be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage within the required time frame.
3. The applicant states the divorce decree ordered him to maintain his former spouse as the SBP beneficiary. Neither he nor his former spouse was aware that they had to make this change in writing within one year of the divorce. He has continued to pay into the SBP. He has never remarried.
4. The applicant’s military records show that he enlisted in the Regular Army on 16 March 1957. He retired on 1 June 1977. He enrolled in the SBP at that time for spouse and children coverage, reduced base amount.
5. The applicant divorced on 21 March 2000. In pertinent part the divorce decree ordered him to "…contribute to the cost to maintain Wife as a survivor on his military pension."
6. 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.
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. Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members (Reservists, too).
8. 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.
9. 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. If that person fails or refuses to make such an election, section 1450(f)(3)(A) permits the former spouse concerned to make a written request that such an election be deemed to have been made. Section 1450(f)(3)(C) provides that an election may not be deemed to have been made unless the request from the former spouse of the person is received within one year of the date of the court order or filing involved.
CONCLUSIONS:
1. Although the evidence shows that neither the applicant nor his former spouse made a written request to change his SBP coverage to former spouse coverage within the one-year time frame, the applicant states that it is his intention to abide by the court order to provide such coverage. As the applicant has not remarried, it would be equitable to show that he changed his SBP coverage within the given time frame.
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 made a written request to change his SBP coverage to former spouse and children coverage on 1 May 2000 and that his request was received and processed by the appropriate office in a timely manner.
BOARD VOTE:
__JHL __ __ RVO _ __BJL __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__JoAnn H. Langston _
CHAIRPERSON
INDEX
| CASE ID | AR2002073887 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/29 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| GRANT | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002074720C070403
The applicant states that he wants his former spouse to be his SBP beneficiary as agreed in the divorce decree. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP coverage for former spouses of retiring members. That all of the Department of the Army records related to this case be corrected by showing that the applicant requested, in writing, that his SBP coverage be changed to former spouse and children coverage on 1...
ARMY | BCMR | CY2003 | 2003083486C070212
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. The applicant states, through counsel, that the FSM and she were married for 34 years. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), enacted 8 September 1982, established SBP coverage for former spouses of retiring members.
ARMY | BCMR | CY2001 | 2001060936C070421
The applicant requests, in effect, that the records be corrected to show her request for a deemed election of the Survivor Benefit Plan (SBP) of her deceased former spouse, a former service member (FSM), was received in a timely manner. That all of the Department of the Army records related to this case be corrected by showing that the applicant requested a deemed election of the FSM’s SBP and forwarded the request and a copy of the divorce decree to DFAS on 27 August 1999. That the...
ARMY | BCMR | CY2006 | 20060015805
Counsel requests that the records of the FSM be corrected to show the applicant made a timely request for a deemed election of his SBP. Counsel states, in effect, that the applicant and the FSM agreed to a Stipulated Military Qualifying Court Order, dated 23 August 2005, ordering the FSM to make the applicant the irrevocable beneficiary of the survivor benefit portion of the FSM's pension. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an...
ARMY | BCMR | CY2005 | 20050015665C070206
The applicant requests, in effect, that the records of her former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. 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 or was still on active duty and had not yet made an SBP election. The DFAS letter provided by the applicant pertained to her...
ARMY | BCMR | CY2009 | 20090018277
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant, as the former spouse of a former service member (FSM), defers to counsel. 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. The Property Settlement Agreement indicated the FSM would continue to have survivors benefits...
ARMY | BCMR | CY2011 | 20110003140
His service record is void of evidence which indicates the FSM or the applicant made a deemed election to change his SBP coverage from spouse to former spouse coverage within 1 year of the divorce. 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. However, there is no evidence which...
ARMY | BCMR | CY2006 | 20060011260
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. The FSM and the applicant divorced on 21 September 1989. Although there is no evidence to show that either the FSM or the applicant requested that his SBP coverage be changed to former spouse coverage within the statutory one-year time limit, it appears that it was the FSM's...
ARMY | BCMR | CY2006 | 20060004313C070205
There is no evidence of record that indicates the applicant submitted a written request for a deemed election for former spouse coverage. The FSM retired on 1 May 1986 and elected SBP spouse and dependent children coverage. It stated that “[FSM] shall not, during his lifetime, provide, modify, amend, withdraw, or in any other manner alter the election to name [applicant] beneficiary of the Armed Services Survivor Benefit Plan.” However, there is no evidence of record that shows the...
ARMY | BCMR | CY2003 | 2003089958C070403
The FSM’s military records show that he and the applicant married on 3 November 1962. 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 member was participating in the SBP or was still on active duty and had not yet made an SBP election. The evidence of record shows that the FSM did not make a written request to change his SBP coverage to former spouse coverage nor did the applicant make a...