RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 May 2007
DOCKET NUMBER: AR20060012737
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.
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 former spouse be entitled to Survivor Benefit Plan (SBP) annuity benefits.
2. The applicant essentially states he elected SBP annuity benefits for his former spouse as required by a court order when they were preparing to divorce. He also states that when he became eligible for retirement benefits in 2006, he was informed that no documentation could be located, and therefore, no election could be determined, and that his former spouse was no longer eligible for an annuity under the SBP.
3. The applicant provides, in support of this application, a letter, dated 5 October 1993, from the applicants former spouse to the Defense Finance and Accounting Service (DFAS) requesting that she be the beneficiary of the applicants SBP; a DFAS-IN Form 0-1767 (Application for Direct Payments From a Members U.S. Army Retired Pay Pursuant to the Uniformed Services Former Spouses Protection Act, 10 U.S.C. 1408), dated 4 October 1993, which was signed by the applicants former spouse; and a letter, dated 4 November 1993, from the applicants former spouses attorney to DFAS.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
5 February 2006, the date he became eligible for retired pay. The application submitted in this case is dated 23 August 2006.
2. The applicant retired from the United States Army Reserve, turned
60 years of age on 5 February 2006 and became eligible for retired pay.
3. The applicant stated that he was informed by DFAS that no documentation related to his SBP election could be located. However, his official military personnel file contains a properly constituted DD Form 1883 (SBP Election Certificate). This document shows that the applicant elected full former spouse coverage under the RCSBP, and also elected Option C (immediate coverage beginning on the day after his date of death, whether before or after age 60). This document also shows that he listed his former spouse, M_____ L. B_____, who is the same person that he stated in his application to this Board was his former spouse. The applicant completed this form on 1 November 1994.
4. The applicant provided his former spouses social security number and current mailing address in his application.
5. Department of Defense Financial Management Regulation, Volume 7B, Chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that the Secretary of the Military Department concerned (or designee) may correct any election or any change or revocation of an election when the Secretary considers it necessary to correct an administrative error.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his former spouse should be entitled to SBP annuity benefits.
2. Evidence of record clearly shows the applicant elected full former spouse coverage under the RCSBP on 1 November 1994, and that he elected Option C. Therefore, he is entitled to correction of his military records to show that he properly elected full former spouse coverage under the RCSBP, and that he elected Option C. Upon the service member reaching age 60 and receiving Retired Pay, the RCSBP coverage automatically rolled over into SBP coverage.
BOARD VOTE:
__RD ___ ___MF __ ___RL __ 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 that he properly elected full former spouse coverage under the RCSBP on 1 November 1994 for Ms. M____ L. B_____.
_____Richard Dunbar________
CHAIRPERSON
INDEX
CASE ID
AR20060012737
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20060503
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
137.0400.0000
2.
3.
4.
5.
6.
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