IN THE CASE OF:
BOARD DATE: 23 June 2009
DOCKET NUMBER: AR20090010396
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
9. On 12 May 2009, the Special Claims Processing, Retired and Annuity Pay, Defense Finance and Accounting Service, wrote a letter to the Board regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080007464, dated 11 December 2008. The Board corrected the applicant's RCSBP election from "declined" to "automatic" spouse coverage. However, this did not take into account the applicant's eligible children. Since "automatic" coverage requires inclusion of all eligible beneficiaries, DFAS could not comply with the Board's decision.
10. In a letter dated 11 June 2009, the applicant stated that he desired SBP coverage for his spouse and eligible children.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20080007464, dated 11 December 2008, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time.
7. The ABCMR's decision in Docket Number AR20080007464 recommended that the applicant be automatically enrolled at the time of his eligibility to receive retired pay at age 60, for full and immediate RCSBP coverage for his spouse (Option C).
8. The applicant's records should be corrected by showing that he was automatically enrolled at the time of his eligibility to receive retired pay at age 60, for full and immediate RCSBP coverage for his spouse and eligible children.
BOARD VOTE:
___X____ ___X____ __X____ 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 decision of the Army Board for Correction of Military Records set forth in Docket Number AR20080007464, dated 11 December 2008, be amending paragraph b of the BOARD DETERMINATION/RECOMMENDATION to read:
b. that the applicant was automatically enrolled at the time of his eligibility to receive retired pay at age 60, for full and immediate RCSBP coverage for his spouse and eligible children.
___________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) AR20090010396
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20090010396
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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