SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 February 2005
DOCKET NUMBER: AR20040003083
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 22 April 2004 affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 22 April 2004.
| |Mr. Hubert O. Fry | |Chairperson |
| |Ms. Marla J. Troup | |Member |
| |Mr. Peter B. Fisher | |Member |
The Board considered the following additional evidence:
Exhibit C – (show the identifying data for the original Record of
Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
13. On 21 May 2004 (and clarified on 4 February 2005), the applicant
provided new information in regard to the decision of the Army Board for
Correction of Military Records (ABCMR) in Docket Number AR2003099828 dated
22 April 2004.
14. The evidence submitted consists of his daughter's adoption papers and
birth certificate. The applicant clarified that the child was not born to
him after his divorce and later adopted but rather was not his natural
child and was adopted on 11 April 2003. He clarified his request as
confirming that he wants to add his daughter to the Survivor Benefit Plan
(SBP) but effective the date of adoption, not the date of her birth.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR2003099828
dated 22 April 2004, it was the intent of the ABCMR to make the applicant’s
record as administratively correct as it should properly have been at the
time.
7. The ABCMR's decision in Docket Number AR2003099828 erroneously presumed
the child was the applicant's natural child born to him on 31 July 2001 but
not adopted by him until 11 April 2003. In that case, the effective date
of enrollment in the SBP would have been the date of birth. Since the
child was not the applicant's, and was not adopted by him until 11 April
2003, the effective date of enrollment would be approximately 11 April
2003.
8. Title 10, U. S. Code, section 1448(a)(5) provides that a person who has
no dependent children upon becoming eligible to participate in the SBP but
who later 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 acquires that dependent child.
9. Due to the misunderstanding, the one-year period has now passed for the
applicant to make an administrative election to provide SBP coverage for
the child. Therefore, it would be equitable for the ABCMR to correct his
records to show he made that election within the time frame provided by
law.
BOARD VOTE:
__hof___ __mjt___ __pbf___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the ABCMR set forth in Docket Number
AR2003099828 dated 22 April 2004 to show that all Department of the Army
records of the individual concerned were corrected by showing he enrolled
in the SBP for children only coverage on 11 April 2003.
2. The Defense Finance and Accounting Service should review his records
and determine what premium adjustments are required as a result of this
amended correction.
____Hubert O. Fry_____
CHAIRPERSON
INDEX
|CASE ID |AR EXAMPLE |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050223 |
|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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