RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 June 2007
DOCKET NUMBER: AR20060013325
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. James Anderholm
Chairperson
Mr. Jerome Pionk
Member
Ms. Jeanette McPherson
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 his military records be corrected to show he changed his Survivor Benefit Plan (SBP) spouse coverage to former spouse coverage.
2. The applicant states, in effect, that his former spouse is not covered under his SBP because she failed to notify the appropriate office. He contends that his former spouse was never notified or asked if she wanted to continue as his SBP beneficiary.
3. In a letter, dated 12 May 2007, the applicant states that he never remarried, that his former spouse was designated as his SBP beneficiary in 1984, that SBP premiums have been taken out of his retirement check for six years, and that he wants to make sure his former spouse receives the SBP annuity if he dies.
4. The applicant provides a Retiree Account Statement, dated 3 January 2006, and divorce related documents.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 12 July 1941. He enlisted in the Army National Guard on 25 September 1963 for a period of 6 years. He married on
20 November 1966.
2. On 17 April 1984, the applicant completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) and enrolled in the SBP for spouse only coverage, full base amount, option C.
3. The applicant divorced on 11 January 1991. The available divorce documents do not mention SBP.
4. The applicant provided a copy of his Retiree Account Statement, which shows that SBP premiums (for spouse) are being deducted from his retired pay.
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 95-397, the Reserve Component Survivor Benefit Plan (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.
7. 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.
8. Public Law 98-94, enacted 24 September 1983, established former spouse coverage for retired members (reservists, too).
9. Title 10, U. S. Code, section 1448(b)(3) incorporates the provisions of the USFSPA relating to the SBP. It permits a person to elect to provide an annuity to a former spouse. Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of divorce. The member must disclose whether the election is being made pursuant to the requirements of a court order or pursuant to a written agreement previously entered into voluntarily by the member as part of a proceeding of divorce.
DISCUSSION AND CONCLUSIONS:
It appears to be the applicant's intention to maintain his former spouse as his SBP beneficiary. Therefore, as he states he has not remarried, it would be equitable to show the applicant made a written request to change his RCSBP coverage to former spouse coverage within the time frame provided by law.
BOARD VOTE:
JA_____ __JP____ __JM____ 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 made a written request to change his RCSBP spouse coverage to former spouse coverage on 1 February 1991.
__James Anderholm________
CHAIRPERSON
INDEX
CASE ID
AR20060013325
SUFFIX
RECON
DATE BOARDED
20070626
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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