RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 September 2005
DOCKET NUMBER: AR20050000550
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Eric Andersen | |Member |
| |Ms. Carol Kornhoff | |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 that his military records be corrected to show
he elected to participate in the Survivor Benefit Plan (SBP) for spouse
coverage.
2. The applicant states, in effect, when he retired in 1983 he was not
married and did not elect to participate in the SBP. He contends he
married in April 1984, divorced 10 years later, and recently remarried his
ex-wife on 3 March 2004. He claims he "put in" for the SBP and was told he
could not get it. He also states that he did not know the requirements for
the SBP and he realizes that it is his fault.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. Part III (Survivor Benefit Plan Election) on the applicant's DA Form
4240 (Data for Payment of Retired Army Personnel), dated 16 November 1983,
shows the applicant was not married and he declined SBP coverage.
2. The applicant retired on 1 December 1983 in the rank of sergeant major.
3. The applicant reported that he remarried his ex-wife on 3 March 2004.
4. Public Law 92-425, the SBP, enacted 21 September 1972, established the
SBP. The SBP provided that military members could elect to have their
retired pay reduced to provide for an annuity after death to surviving
dependents.
5. Title 10, U.S. Code, section 1448(a)(5) provides that a person who is
not married and 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. The National Defense Authorization Act for Fiscal Year 2005 established
an Open Season to be conducted 1 October 2005 to 30 September 2006. It
requires that enrollees live two years from the effective date of election
for beneficiaries to be eligible for an annuity. The retiree must pay
monthly premiums starting on the date of enrollment and a buy-in premium
covering all the costs that would have been paid for the election if it had
been made at the first opportunity to do so.
DISCUSSION AND CONCLUSIONS:
1. At the time of his 1983 retirement, the applicant was not married and
elected not to participate in the SBP. It appears the applicant remarried
his ex-wife on 3 March 2004. However, there is no evidence that shows
the applicant made a written SBP election for spouse coverage within 1 year
of the date of his marriage as provided by law. Therefore, there is no
basis for granting the applicant's request.
2. The applicant will have a 1 year opportunity, beginning on 1 October
2005, in which to enroll in the SBP. He should contact his nearest
Retirement Services Officer (RSO) now for further information. A copy of
the RSO Directory will be provided to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS_____ EA______ CK______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
__John Slone__________
CHAIRPERSON
INDEX
|CASE ID |AR20050000550 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050915 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |137.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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