RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 July 2005
DOCKET NUMBER: AR20050016620
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. Allen L. Raub | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Ms. Peguine M. Taylor | |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 records be corrected to show that he
elected to participate in the Survivor Benefit Plan (SBP) for a reduced
base amount ($2,800.00).
2. The applicant states he was improperly counseled concerning the costs
of the SBP during his retirement briefing. The selection of full coverage
was the only suggested choice and, according to the clerk, was the
preferred selection. No attempt was made to provide counseling on what
full coverage would mean in terms of monthly premiums or annuity benefits.
At full base amount, almost one quarter of the total monthly pay his former
spouse receives goes to pay the premium for the SBP (since she is required
to reimburse that premium to the applicant pursuant to their divorce
decree).
3. The applicant provides a statement of concurrence from his former
spouse; an extract from the Department of Defense Financial Management
Regulation, volume 7B; one page of the divorce decree; his DD Form 2656
(Data for Payment of Retired Personnel); and a copy of SBP cost examples.
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant entered active duty on
8 November 1976 as a commissioned officer.
2. The applicant divorced his former spouse on an unknown date. The
divorce decree stated in part, “That when Petitioner retires, he will
confer with Respondent. If Respondent wishes the SBP, the Petitioner will
choose the amount of SBP which Respondent wishes. Respondent will be
responsible for the premium. The parties understand the SBP premium will
be deducted from Petitioner’s military retirement. Therefore, Respondent
will reimburse him.”
3. The applicant retired on 1 February 2003 in the rank and grade of
colonel, O-6. On 3 December 2002, he had completed a DD Form 2656 and
indicated on that form that he elected to participate in the SBP for former
spouse coverage, full base amount.
4. 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.
5. 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.
6. 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:
1. The applicant was still on active duty when he divorced. The divorce
decree stated, in part, that when he retired, he would confer with his
former spouse. If she desired the SBP, the applicant would choose the
amount of SBP that she desired. She would reimburse the applicant for the
premiums.
2. It appears the applicant’s former spouse requested the applicant elect
to participate in the SBP for the full base amount without knowing how much
the premiums would cost her (since she, in effect, is paying for the
premiums). It appears those premiums are costing her about one quarter of
the amount she is currently receiving as her share of his retired pay.
3. The applicant’s former spouse has concurred with the applicant’s
request to correct his records to show he elected to participate in the SBP
for a reduced base amount ($2,800.00). The applicant’s contention that he
and/or his former spouse were improperly counseled concerning the cost of
the SBP is accepted and it would be equitable to grant the relief
requested.
BOARD VOTE:
__alr___ __lmd__ __pmt___ 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
showing he completed his DD Form 2656 on 3 December 2002 and indicated that
he elected to participate in the SBP for former spouse coverage, reduced
base amount ($2,800.00).
__Allen L. Raub_______
CHAIRPERSON
INDEX
|CASE ID |AR20050016620 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060725 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |137.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2011 | 20110014744
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 Survivor Benefit Plan (SBP) coverage to former spouse coverage. DFAS informed the Board's staff their records indicated that the FSM and applicant divorced on 1 April 2003. 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 voluntary change in...
ARMY | BCMR | CY2009 | 20090020841
The applicant states the following: * he was never informed he had to decline the SBP within 1 year of his divorce from his former spouse * he received no written communications from the military to keep him informed of these circumstances * the Tennessee Army National Guard requested that he complete a DD Form 2656 (Data for Payment of Retired Personnel) in 2008 for inclusion in his application for retired pay * he completed the DD Form 2656 and declined SBP 3. On 18 October 1991, the...
ARMY | BCMR | CY2013 | 20130013763
The applicant requests, in effect, correction of his records to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage at the reduced amount and reimbursement of premiums collected due to being charged premiums for spouse coverage at the full amount. However, he provides an unsigned/archived DD Form 2656 that shows: * he and Ella were married on 24 May 2001 * he elected coverage for spouse * his election was based on a reduced amount of $675.00 6. As a...
ARMY | BCMR | CY2012 | 20120020293
The applicant requests correction of his records to show he changed his Survivor Benefit Plan (SBP) coverage from former spouse coverage to spouse coverage. g. DFAS made an error in accepting his election of former spouse coverage in 1999 and reinstatement of former spouse SBP benefits again in 2010. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at...
ARMY | BCMR | CY2010 | 20100011734
In effect, she requests correction of her records to show, at the time she retired, she elected not to participate in the SBP. Although she and her spouse failed to make the election before her retirement, it appears the RSO counselor also failed to inform her or her spouse that the SBP election was required to be signed and dated before the effective date of her retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2014 | 20140013476
e. A letter, dated 19 December 2013, wherein DFAS advised him of the following: (1) They received the copy of his divorce decree requesting that his current (second) spouse be removed from SBP coverage due to divorce. In view of the continued deduction of his SBP premiums since 1993, his desire to provide SBP for his former spouse, and the fact that there is no current spouse with a vested interest, it would be appropriate as a matter of equity to correct the applicant's records to show he...
ARMY | BCMR | CY2011 | 20110001462
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. The evidence of record shows at the time of the applicant's retirement, he completed an SBP election form wherein he elected SBP former spouse coverage based on a settlement agreement that was incorporated into his divorce decree. ...
ARMY | BCMR | CY2012 | 20120022986
The applicant requests correction of his records to show his Survivor Benefit Plan (SBP) election for spouse coverage was suspended on 27 February 2001 and that he be refunded SBP premiums for the period 27 February 2001 through 11 July 2006. The evidence of record shows he was divorced on 27 February 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he submitted a request in March 2001 to suspend his SBP...
ARMY | BCMR | CY2005 | 20050015984C070206
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. If the member fails to make such an election, the law also permits the former spouse concerned to request that a...
ARMY | BCMR | CY2008 | 20080009467
The applicant provides the following documents in support of his request: Self-Authored Statement; DD Form 2656, dated 27 July 2007; Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage (DD Form 2656-1); Defense Finance and Accounting (DFAS) Summary of Retired Pay Account; Retiree Account Statements, dated 14 December 2007, and 16/17 January 2008; and Divorce Military Qualifying Court Order, filed 24 May 2000. This document shows the applicant elected RCSBP on 27 July...