RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 August 2006
DOCKET NUMBER: AR20050016383
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. Richard Dunbar | |Chairperson |
| |Mr. Dean Camarella | |Member |
| |Ms. Rea Nuppenau | |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 deceased
former spouse, a former service member (FSM), be corrected to show he
changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to
former spouse coverage.
2. The applicant states the FSM continued to pay monthly RCSBP premiums,
which designated her as the beneficiary, until his death on 16 January
2004.
3. The applicant provides a marriage certificate; the FSM's death
certificate; a Retiree Account Statement, dated 5 December 2001; and a
direct deposit statement.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Army National Guard on 12 April 1954. He was
ordered to active duty on 10 January 1955 and released from active duty on
20 October 1956. On 11 April 1961, the FSM was honorably discharged from
the Army National Guard. He and the applicant married on 19 August 1961.
He enlisted in the U.S. Army Reserve on 22 February 1976, and he was placed
on the retired list effective 27 September 1991.
2. The FSM's DD Form 1883 (Survivor Benefit Plan Election Certificate)
shows he enrolled in the RCSBP on 26 November 1990 for spouse coverage,
full base amount, option C.
3. The FSM divorced the applicant on 23 August 1995.
4. The FSM died on 16 January 2004. The death certificate shows his
marital status as divorced. When he died, the FSM was enrolled in the SBP
for spouse coverage.
5. Records at the Defense Finance and Accounting Service (DFAS) show that
the FSM continued to pay SBP premiums until his death and that no one is
currently receiving the annuity.
6. 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.
7. 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.
8. Public Law 97-252, the Uniformed Services Former Spouses Protection Act
(USFSPA), enacted 8 September 1982, established SBP coverage for former
spouses of retiring members.
9. Public Law 98-94, enacted 24 September 1983, established former spouse
coverage for retired members.
DISCUSSION AND CONCLUSIONS:
There is no evidence to show that either the FSM or the applicant requested
that his SBP coverage be changed to former spouse coverage within the
statutory one-year time limit. However, since the FSM continued to pay SBP
spouse premiums after their divorce and he was not married at the time of
his death, it appears that it was the FSM's intention to provide the SBP
annuity to the applicant. Therefore, it would be equitable to correct his
records to show he requested to change his SBP coverage to former spouse
coverage in a timely manner.
BOARD VOTE:
RD_____ ___DC___ __RN____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. showing the FSM made a written request to change his SBP coverage
to former spouse coverage within one year of the divorce and the request
was accepted and processed by the appropriate office in a timely manner;
and
b. paying to the applicant the SBP annuity effective 16 January 2004,
the date of the FSM's death.
_Richard Dunbar_______
CHAIRPERSON
INDEX
|CASE ID |AR20050016383 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060817 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |137.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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