RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2007
DOCKET NUMBER: AR20070004955
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Bernard P. Ingold
Chairperson
Mr. Thomas M. Ray
Member
Mr. Gerald J. Purcell
Member
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 reconsideration, in effect, that the military records of her deceased former spouse, a former service member (FSM), be corrected to show that he changed his category of participation in the Survivor Benefit Plan from spouse to former spouse coverage.
2. The applicant states that she received the Board's conclusion and discussed the matter with the FSM's widow, who agreed to renounce her entitlement to the SBP annuity.
3. The applicant provides a copy of the widow's notarized statement renouncing her claim to SBP annuity.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008327 on 5 December 2006.
2. On 20 March 2007, the FSM's widow, signed a notarized statement indicating that she felt she had no claim on the FSM's SBP annuity and that the FSM's former spouse should received this benefit.
DISCUSSION AND CONCLUSIONS:
1. In view of the FSM's widow renouncing her claim on the FSM's SBP annuity, the FSM's former spouse should be now entitled to receive this benefit.
2. Therefore, the FSM's records should be corrected to show that he took the necessary action to change his SBP coverage from spouse to former spouse.
BOARD VOTE:
_BPI ____ __TMR__ __GJP__ 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 amendment of the ABCMRs decision in Docket Number AR20060008327, dated 5 December 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing that the FSM took the necessary actions to change his SBP election from spouse to former spouse and that the former spouse made proper application for her annuity.
b. auditing the FSM's finance records and recouping any monies now erroneously paid to the FSM's widow.
__ Bernard P. Ingold____
CHAIRPERSON
INDEX
CASE ID
AR20070004955
SUFFIX
RECON
DATE BOARDED
20070830
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
128.1800
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3.
4.
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6.
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