RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2005
DOCKET NUMBER: AR20050005437
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:
| |Mr. James C. Hise | |Chairperson |
| |Mr. Ronald E. Blakely | |Member |
| |Ms. Jeanette R. McCants | |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 the records of her former
spouse, a former service member (FSM), be corrected to show he elected
Survivor Benefit Plan (SBP) former spouse coverage. She also requests
payment of her portion of the FSM's retired pay.
2. The applicant makes no additional statement.
3. The applicant provides their marriage certificate, the divorce decree
with Marital Settlement Agreement and Child Support Findings, and a 24
February 2005 letter from her attorney.
CONSIDERATION OF EVIDENCE:
1. On 2 December 2005, the Defense Finance and Accounting Service informed
the Board analyst the applicant's payments of her portion of the FSM's
retired pay began on 1 August 2005 and, as a result, this issue will not be
discussed further in this Record of Proceedings.
2. The FSM enlisted in the Regular Air Force on 7 August 1978. He and the
applicant married on 25 August 1979. He enlisted in the Regular Army on
29 October 1986. He was appointed a warrant officer and entered active
duty on 16 March 1988.
3. On 17 October 1996, the FSM and the applicant divorced. The Marital
Settlement Agreement was incorporated into the divorce decree. The Marital
Settlement Agreement awarded the applicant one-half of the FSM's retired
pay but did not mention the SBP.
4. The FSM remarried on 22 August 1997. He retired on 1 November 2004.
His DD Form 2656 (Data for Payment of Retired Personnel) shows he elected,
with his new spouse's concurrence, to decline to participate in the SBP.
5. 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.
6. Public Law 97-252, the Uniformed Services Former Spouses Protection Act
(USFSPA), dated 8 September 1982, established SBP coverage for former
spouses of retiring members.
7. Public Law 99-661, dated 14 November 1986, permitted divorce courts to
order SBP coverage (without the member’s agreement) in those cases where
the member was participating in the SBP or was still on active duty and had
not yet made an SBP election.
DISCUSSION AND CONCLUSIONS:
The divorce decree and Marital Settlement Agreement provided by the
applicant did not award her the SBP. She provides insufficient evidence
that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jch___ __reb___ __jrm___ 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.
__James C. Hise_______
CHAIRPERSON
INDEX
|CASE ID |AR20050005437 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051220 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |137.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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