RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 February 2005
DOCKET NUMBER: AR20040002147
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Jennifer L. Prater | |Chairperson |
| |Mr. Thomas A. Pagan | |Member |
| |Mr. Kenneth W. Lapin | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to
show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage
within one year of his remarriage.
2. The applicant states that he did not decline to participate in the SBP.
In a 4 February 2004 letter to the Defense Finance and Accounting
Service (DFAS), he stated that upon his retirement the SBP was not
explained to him clearly. He was divorced and he did not want to provide
anymore to his former spouse than he had to. He believed the SBP was to
provide for his former spouse, which he knew he clearly did not want to do.
3. The applicant provides a one-page decree of dissolution of marriage;
his new marriage certificate; and an extract from the Department of Defense
Financial Management Regulation.
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant enlisted in the Regular
Army on 8 February 1977. He divorced on 31 July 1992. The decree of
dissolution of marriage provided by the applicant does not mention the SBP.
2. The applicant retired on 1 April 1994. At that time, he elected to
decline to participate in the SBP by checking item 15g (I decline coverage)
on his DA Form 4240 (Data for Payment of Retired Army Personnel). Other
options included item 15a (Spouse only) and item 15d (Former spouse).
3. The applicant remarried on 14 December 2002.
4. 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.
Changes in SBP options are not authorized except in specific instances or
authorized by law.
5. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is
not married or has no dependent child upon becoming eligible to participate
in the SBP but who later marries or acquires a dependent child may elect to
participate
in the SBP. Such an election must be written, signed by the person making
the election, and received by the Secretary concerned within one year after
the date on which that person marries or acquires that dependent child.
6. Army Echoes, the Army bulletin published and mailed to retirees to keep
them abreast of their rights and privileges and to inform them of
developments in the Army, contained a reminder to retirees in every issue
published since the applicant's remarriage that they were responsible for
updating their pay records within one year of the event they remarried and
needed to make or update an SBP election.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant did decline to participate
in the SBP upon his retirement, a logical election among several options
since he was not married.
2. The applicant was informed on a regular basis of the need to update his
pay records in the event he remarried and wanted to enroll in the SBP.
Nevertheless, he provided evidence to show that he contacted DFAS within a
reasonable period of time outside the one-year window to enroll.
Therefore, it would be appropriate to correct his records to show that he
made his request within the statutory time limit.
BOARD VOTE:
__jlp___ __tap___ __kwl___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he submitted a request to enroll in the SBP for spouse
coverage, full base amount, on 1 January 2003 and his request was received
and processed in a timely manner.
__Jennifer L. Prater__
CHAIRPERSON
INDEX
|CASE ID |AR20040002147 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050215 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |137.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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