IN THE CASE OF:
BOARD DATE: 12 May 2009
DOCKET NUMBER: AR20090000836
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the Survivor Benefit Plan (SBP) election of her ex-spouse, a former service member (FSM), be corrected to show he changed his election to former spouse coverage.
2. The applicant states, that she is disputing the beneficiary information on the FSM's SBP. She states that she submitted a letter to the Defense Finance and Accounting Service (DFAS) in 1974 and she should be listed as the FSM's SBP beneficiary. However, the letter is not in DFAS records.
3. The applicant further states the FSM's "deceased" second wife was employed as a payroll clerk in the office where the document was submitted and the letter may have been intentionally destroyed.
4. The applicant provides:
a. a State of Arkansas Marriage License, dated 29 May 1961;
b. a Superior Court of Chattahoochee County, State of Georgia, Final Judgment and Decree, dated 25 September 1975;
c. a State of Georgia Complaint for Divorce, dated 30 August 1996;
d. an undated State Court of Fulton Country, State of Georgia Affidavit for Continuing Garnishment;
e. a State of Georgia Final Judgment and Decree, 18 October 2007;
f. a State of Georgia Certificate of Death, dated 27 October 2008; and
g. a DD Form 2656-4 (Verification for Annuity), dated 20 November 2008.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 3 January 1958. On 29 January 1961, the FSM and the applicant married. On 25 September 1975, the FSM and the applicant divorced. The FSM was honorably released from active duty on
2 December 1976 and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.
2. On a 10 May 1976 the FSM married G_____ M_____. On 4 June 1984, the FSM enlisted in the Army National Guard (ARNG).
3. The FSM's records contain an Alabama Army National Guard (ALARNG) memorandum of Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 20 September 1989.
4. On 19 December 1989, the FSM completed a DD Form 1883 (Survivor Benefit Plan Election Certificate). On this form he indicated that he elected full children only SBP coverage.
5. On 8 January 1992, the FSM retired. He and G_____ M_____ divorced on
28 September 1998.
6. The FSM died on 23 October 2008.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the SBP election of her ex-spouse, be corrected to show he changed his election to former spouse coverage. Evidence of record shows that the FSM and applicant divorced on 25 September 1975. However,
the law that established former spouse coverage for retired members did not go into effect until September 1982. Unfortunately, the applicant is not entitled to SBP coverage for former spouse.
2. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090000836
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ABCMR Record of Proceedings (cont) AR20090000836
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