| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond V. O'Connor | Member | |
| Ms. Eloise C. Prendergast | Member |
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.
APPLICANT STATES: That she was not aware that military retired pay is considered joint property until she read about it in the newspaper. The FSM did not inform her of her right regarding this. She did not ask for alimony and only asked the minimum child support payment for four children. After the FSM developed dementia, she ended up taking care of him until he died.
EVIDENCE OF RECORD: The FSM's military records show:
He had prior service from 26 August 1952 until 20 March 1961. It is not known when he and the applicant married. It may have been between February 1959 (when a document in his records shows he was working with a German lawyer to obtain an annulment) and May 1962 (when their first child was born). He reenlisted on 4 April 1961.
The FSM retired on 1 October 1972 after completing 20 years of active Federal service. His DA Form 4240 (Data for Payment of Retired Personnel) is not available. Records at the Defense Finance and Accounting Service (DFAS) show that he enrolled in the SBP for spouse only coverage at that time.
The FSM and the applicant divorced on 12 October 1977. The divorce decree does not mention the SBP. Records at DFAS show that SBP premium deductions stopped at that time.
The FSM died on 11 February 1997.
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.
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. Public Law 98-94, enacted 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 about 12 years of the FSM's 20-year military career.
2. Unfortunately, the FSM and the applicant divorced prior to the establishment of SBP coverage for former spouses. The FSM did not inform her of this right because it did not exist at the time they divorced. The evidence of record shows he stopped paying SBP premiums after their divorce.
3. 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
__jhl___ ___rvo__ __ecp_ DENY APPLICATION
| CASE ID | AR2003083380 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030327 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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