RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            9 June 2005
      DOCKET NUMBER:   AR20050007720


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. 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 R___ T___ P___'s name be removed from the
DD Form 1883 (Survivor Benefit Plan Election Certificate) dated 29 August
1992, that his spouse N___ be added, and that he be refunded the excess SBP
premiums he has paid.

2.  The applicant states that R___ T___ P___ is not his spouse and they
have never been married.  His correct spouse is N___.

3.  The applicant provides a divorce decree dated 4 November 1971 with a
related certification from the Office of the Prothonotary, Philadelphia, PA
dated 18 May 2004; an Army Board for Correction of Military Records (ABCMR)
letter dated 28 July 2004 administratively closing his case with his
original application to the ABCMR; his retirement orders; orders
transferring him to the Retired Reserve; his notification of eligibility
for retired pay at age 60 (his 20-year letter); three DD Forms 1883 dated
20 September 1989, 29 August 1992, and               23 February 1993; a
letter to the U. S. Army Reserve Personnel Center dated      7 September
(year illegible); his marriage certificate to N___ with their application
for marriage license and their marriage license; a notarized statement
dated        19 November 2003; and his last will and testament dated 8
April 2005.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant.

2.  The applicant was born on 7 September 1933.  He entered the Army
National Guard on an unknown date.  He divorced J___ on 4 November 1971.

3.  The applicant's 20-year letter is dated 6 July 1989.  On 20 September
1989, he completed a DD Form 1883 indicating he did not desire Reserve
Component SBP (RCSBP) coverage and elected option A.  He entered his nephew
in Section IV (Insurable Interest Coverage).

4.  On 21 September 1989, the applicant was transferred to the Retired
Reserve.

5.  On 29 August 1992, the applicant completed a DD Form 1883.  He
indicated that he desired spouse and children RCSBP coverage, reduced base
amount, option B.  In Section III (Family Information), he listed R___ T___
P___ as his spouse with a date of marriage of 3 September 1990 and he also
listed L___ T___ as a stepson.  He also listed R___ T___ P___ in Section
IV, identifying her again as his spouse.

6.  On 23 February 1993, the applicant completed another DD Form 1883.  He
indicated he desired spouse only coverage, full base amount, option B.  He
listed himself in Section IV with the relationship listed as "friend."
R___ T___ [P___] signed in Section VI (Signatures) as the witness.

7.  The applicant married N___ on 11 May 2003.

8.  Public Law 92-425, 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.
Elections are made by category, not by name.

9.  Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way
for those who had qualified for reserve retirement but were not yet age 60
to provide an annuity for their survivors should they die before reaching
age 60.  Three options are available:  (A) elect to decline enrollment and
choose at age 60 whether to start SBP participation; (B)  elect that a
beneficiary receive an annuity if they die before age 60 but delay payment
of it until the date of the member’s 60th birthday; (C)  elect that a
beneficiary receive an annuity immediately upon their death if before age
60.  If the member does not die before age 60, costs for the annuity are
deducted from the member's retired pay.

10.  Public Law 101-189, enacted 29 November 1989, established an
Open Season to be conducted 1 October 1991 through 30 September 1992.
Public Law 101-510, enacted 5 November 1990, delayed the start of the Open
Season to 1 April 1992 through 31 March 1993.

DISCUSSION AND CONCLUSIONS:

1.  The Board acknowledges that the applicant vehemently contends that R___
T___ P___ is not his spouse and they have never been married.

2.  However, the Board must presume that the applicant, who had received
his 20-year letter in 1989, was of sufficiently sound mind, military
experience, and moral integrity not to have given false information when he
elected to participate in the RCSBP for spouse and children coverage during
the 1 April 1992 through 31 March 1993 Open Season.  He provides no
evidence to show otherwise.

3.  Unfortunately, the applicant's protestations now that he never married
R___ T___ P___ are insufficiently confirmed by the current evidence he
provides.  He could have married R___ T___ P___ in any one of the 50 States
or in any territory or foreign country or it could have been a lawful
common law marriage.

4.  The Board recognizes that the applicant married N___ in May 2003.  He
has provided his new marriage certificate.  However, again, he has provided
insufficient evidence to confirm that his marriage to R___ T___ P___ never
took place, or that it was dissolved by court order, or that R___ T___ P___
is no longer alive.  He provides no explanation as to why he stated on his
29 August 1992 DD Form 1883 that he was married to R___ T___ P___.

5.  Before the applicant's request can be favorably considered, he must
provide a court order (NOT a statement from a court clerk or a lawyer)
verifying that he was never married to R___ T___ P___ or at least a court
order verifying that his marriage to N___ is valid and not hindered by a
previous marriage to R___ T___ P___.

6.  In the alternative, the applicant must contact R___ T___ P___ and
obtain a notarized statement (or a sworn statement before a court officer)
from her that she was never married to him or obtain evidence showing she
is deceased.  His local public library or a private investigator may be
able to assist him in discovering her whereabouts.

7.  SBP elections are made by category, not by name.  Whoever the
applicant's legal spouse is at the time of his death will be the legal
beneficiary of the SBP annuity.  The applicant appears to have marital
issues that may require legal assistance to resolve.

8.  Regrettably, there is insufficient evidence on which to grant the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __le____  __cak___  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.




            __Melvin H. Meyer_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007720                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050609                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |137.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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