| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Lana E. McGlynn | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Patrick H. McGann | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
5. Regardless of the SBP option elected, you must promptly notify the finance center if you divorce, if your spouse dies or if you remarry. This ensures premiums are properly suspended or resumed. SBP premiums stop when there is no longer an eligible beneficiary in a premium category, such as a spouse is lost through death or divorce. If a spouse is lost through death or divorce, spouse premiums are suspended.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record in this case confirms that the applicant elected full spouse SBP coverage at the time of his retirement, and that premium payments for this elected coverage were properly deducted from his retired pay while there remained an eligible beneficiary as is required by law.
2. Although the independent evidence provided by the applicant is limited, it appears that he was not legally divorced until 8 May 2001. Prior to that date, his former spouse remained an eligible spouse SBP beneficiary and continued to receive the benefit of SBP coverage.
3. As the applicant was advised by DFAS officials, the law stipulates that there is no entitlement to refund of any amounts deducted from retired pay for SBP premiums. However, premium payments are stopped once there is no eligible beneficiary. In this case, it appears the applicant’s premium payments were stopped on 8 May 2001, when he and his former spouse divorced.
4. Although the reasons for divorce as represented by the applicant were unfortunate, regrettably the facts of the case do not provide a sufficient evidentiary basis to support granting the requested relief.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
PM___ __LEM__ __RA __ __ DENY APPLICATION
| CASE ID | AR2003091310 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/12/DD |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1986/07/31 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | Retirement |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 346 | 137.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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