RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 December 2005
DOCKET NUMBER: AR20050005385
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. Ted Kanamine | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McPherson | |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 military records be
corrected by canceling his Survivor Benefit Plan (SBP) election for spouse
and children coverage.
2. The applicant states his daughter is 18 years old and his wife does not
wish to participate in the SBP. He contends that he has called several
times and sent forms to correct this issue, without success.
3. The applicant provides a DD Form 2656-2 (Survivor Benefit Plan (SBP)
Termination Request), dated 26 January 2005.
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 1 November 1989,
shows he enrolled in the SBP for dependent children only coverage, full
base amount. His wife did not concur with this SBP election; therefore, by
law, SBP election was automatically established at full spouse and children
coverage.
2. The applicant retired on 1 December 1989.
3. The applicant divorced his first wife sometime after 30 April 1990.
Records at the Defense Finance and Accounting Service (DFAS) show that the
applicant submitted an undated written request that his ex-wife not receive
SBP benefits.
4. The applicant remarried on 13 July 2000.
5. Records at DFAS show that on 17 May 2004 the applicant submitted a
written request that his wife be included as a beneficiary of the SBP.
6. On 26 January 2005, the applicant submitted a DD Form 2656-2.
7. Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members could elect to have their retired pay reduced to provide
for an annuity after death to surviving dependents. Elections are made by
category, not by name.
8. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986,
required a spouse's written concurrence for a retiring member's election
that provides less than the maximum spouse coverage.
9. Title 10, U. S. Code, section 1448(a)(6) provides that a person with
spouse coverage who remarries may elect not to provide coverage under the
SBP for the person’s spouse if such an election is made within one year
after the person’s remarriage. The person’s spouse shall be notified of
that election.
DISCUSSION AND CONCLUSIONS:
1. The applicant was automatically enrolled in the SBP for spouse and
dependent children coverage upon his retirement on 1 December 1989. He
divorced sometime after April 1990. He remarried in July 2000.
2. Although it was not required, evidence of record shows the applicant
submitted a written request to DFAS on 17 May 2004 to include his new wife
as a beneficiary of the SBP. In January 2005, he submitted a DD Form 2656-
2 requesting termination of the SBP. Because he failed to make this
termination request within one year of his remarriage and because he had
previously requested his new wife be added, there is an insufficient basis
for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
___Ted Kanamine_______
CHAIRPERSON
INDEX
|CASE ID |AR20050005385 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051222 |
|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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