BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20110009231
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 8 April 2011 new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018277, dated 27 January 2011.
10. DFAS noted that the applicant made a Reserve Component Survivor Benefit Plan (RCSBP) election on 24 February 1995 for his spouse at that time. That election was not known at the time the Board originally considered his application. The applicant subsequently married his current spouse, on 16 September 1995.
11. Public Law 99-145, enacted 8 November 1985, permitted a previously participating retiree upon remarriage to elect not to resume spouse coverage. Changes must be made prior to the first anniversary of remarriage or else the previously suspended coverage resumes by default on the first day of the month following the first anniversary of the remarriage, with costs owed from that date.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20100018277, dated 27 January 2011, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
7. The ABCMR's decision in Docket Number AR20100018277 failed to take into account the fact that he had completed an RCSBP election in February 1995 which superseded any subsequent elections he made. Accordingly, the Board should address the issue of his RCSBP election made in 1995 and not the standard SBP election (DD Form 2656) made in 2010.
8. During the previous consideration of this case it was apparent that the applicant had not been properly advised of his options under the SBP and it appeared that he did not fully understand the program when he enrolled.
9. Inasmuch as the applicant made his RCSBP election in February 1995, divorced his spouse, and remarried again in September 1995 to his current spouse who states that she concurs with the applicants decision not to participate in the SBP, it would be appropriate under the circumstances to correct his records to show he declined not to resume RCSBP coverage within 1 year after his marriage to his current spouse and that he declined participation in the standard SBP upon his retirement.
BOARD VOTE:
___x____ ___x_____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. 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 AR20100018277, dated 27 January 2011, to amend the recommendation to read:
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 declined to resume RCSBP coverage within 1 year of his marriage to his
current spouse and further declined SBP coverage with his spouses concurrence upon applying for retired pay.
_______ _ _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) AR20110009231
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20110009231
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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