Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050000550C070206
Original file (20050000550C070206.doc) Auto-classification: Denied



                            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.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001439

    Original file (20120001439.txt) Auto-classification: Denied

    The applicant requests correction of his records to show that he enrolled his spouse in the Survivor Benefit Plan (SBP) in a timely manner. Records show that during the applicant's retirement processing in 1995 he completed an application for retired pay. There is no evidence the applicant submitted an application to enroll in SBP with spouse coverage within 1 year of the date of their marriage.

  • ARMY | BCMR | CY2013 | 20130016615

    Original file (20130016615.txt) Auto-classification: Denied

    d. DD Form 2656-6, dated 31 August 2013, that shows the applicant requested a change in SBP coverage from Child Only to Spouse and Children based on marriage and acquiring a dependent. The applicant states in his application that he printed out a DD Form 149 and sent it in December 2009, which would indicate that he applied to the Army Board for Correction of Military Records (ABCMR) at that time. Moreover, an application to the ABCMR would not have been appropriate at that time since the...

  • ARMY | BCMR | CY2005 | 20050004640C070206

    Original file (20050004640C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that his military records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. He should have received his copy of that DD Form 1883 but does not provide that DD Form 1883 or any other evidence that shows he elected RCSBP spouse coverage on that date. Therefore, there is insufficient evidence to show he made a written RCSBP election for spouse coverage within 1 year of the date of his...

  • ARMY | BCMR | CY2014 | 20140008091

    Original file (20140008091.txt) Auto-classification: Denied

    The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's records to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. The denial letter states: * by law, the FSM had 1 year from the date of marriage (23 April 2005) to elect coverage for his spouse * the FSM never made an election for spouse coverage * the applicant's request for payment must be denied 8. The evidence shows the FSM was...

  • ARMY | BCMR | CY2012 | 20120009333

    Original file (20120009333.txt) Auto-classification: Denied

    The applicant requests correction of his record to show he enrolled his spouse in the Survivor Benefit Plan (SBP) in a timely manner and correction of his daughter's date of birth (DOB) that is recorded in his finance record. Additionally, on 6 November 2012, an official at DFAS confirmed there was no record that the applicant requested enrollment in the SBP with spouse coverage within 1 year of his date of marriage. There is no evidence the applicant submitted an application to enroll in...

  • ARMY | BCMR | CY2014 | 20140007406

    Original file (20140007406.txt) Auto-classification: Denied

    The applicant states, in effect, he completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) at the time he received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). The applicant contends, in effect, that his military records should be corrected to show he elected RCSBP coverage for his spouse within a year of their marriage. In 2003, when he married, he had a 1-year period in which to submit an RCSBP election to provide coverage for his spouse.

  • ARMY | BCMR | CY2008 | 20080018504

    Original file (20080018504.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 7 MAY 2009 DOCKET NUMBER: AR20080018504 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his records to show his current spouse is covered under the Survivor Benefit Plan (SBP). It would also be appropriate to correct the applicant's records to show he elected to participate in the SBP for spouse coverage effective 1 June 2006, subsequent to the date he remarried.

  • ARMY | BCMR | CY2014 | 20140012339

    Original file (20140012339.txt) Auto-classification: Denied

    The applicant states that he was not required to select SBP coverage at the time of retirement from active Army service because he was a single Soldier. The applicant contends he should be allowed to enroll in the SBP for spouse only coverage because he was not aware that he had only one year from the time of marriage to make such an election. The sincerity of the applicant's contention is not in question; however, there is no evidence the applicant submitted an application to enroll in...

  • ARMY | BCMR | CY2012 | 20120020844

    Original file (20120020844.txt) Auto-classification: Denied

    The applicant requests enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) for "spouse and child" coverage, Option C. 2. His record contains a transaction history which shows he received a 20-year letter on 19 October 2000 but did not make an RCSBP election, then he got married on 24 June 2004 but did not make an RCSBP election within the one year anniversary date. The evidence of record shows that upon receiving his 20-year letter on 19 October 2000, the applicant did not...

  • ARMY | BCMR | CY2008 | 20080004937

    Original file (20080004937.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's Retiree Account Statement, dated 7 June 2006, shows that a premium for RCSBP coverage for child(ren) only had been deducted from his retired pay. He completed the DD Form 1883 by electing dependent child only coverage, Option C. 2.