BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20120022986
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 correction of his records to show his Survivor Benefit Plan (SBP) election for spouse coverage was suspended on 27 February 2001 and that he be refunded SBP premiums for the period 27 February 2001 through 11 July 2006.
2. He states:
a. he received reimbursement of SBP premiums in the amount of $2,161.19 for the period 12 July 2006 through 30 September 2012;
b. he wasn't aware that the SBP allowance could be suspended in the case of divorce. Consequently, he didn't file for suspension or reimbursement; and
c. the discovery of the error occurred when he read the article entitled "What Happens to My Survivor Benefit Plan When I Divorce" in the May-August 2012 issue of Army Echoes.
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two letters
* Divorce decree
* SBP audit
CONSIDERATION OF EVIDENCE:
1. After completing prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 11 December 1987. He was ordered to active duty on 6 January 1988. He was married on 11 April 1992.
2. His DD Form 2656 (Data for Payment of Retired Personnel) is not available.
3. He was retired from active duty on 31 October 2000.
4. He was divorced on 27 February 2001. His divorce decree does not mention the SBP. His Property Settlement Agreement is not available.
5. On 7 July 2012, he submitted a statement to the Defense Finance and Accounting Service (DFAS) indicating his marriage was dissolved on
27 February 2001 and he requested his SBP payments be converted from spouse coverage to suspended SBP coverage effective the date of his divorce.
6. In a 10 October 2012 letter, DFAS informed the applicant that an adjustment was being made in the SBP portion of his retired pay account based on documentation received from him. This adjustment is from spouse coverage to no beneficiary coverage with an effective date of 27 February 2001. As a result, his SBP cost has been changed to $0.00. This change will be reflected in his check, dated 1 November 2012. Due to the 6-year barring statute, the effective date of the change to his SBP cost is 12 July 2012, which is 6 years from the date his notification was received by the DFAS.
7. His SBP audit worksheet indicates he was credited with $2,161.19 in SBP overpayments from 12 July 2006 through 30 September 2012.
8. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
9. Public Law 94-496, enacted 14 October 1976, provided that spouse costs would be suspended if marriage ends in death or divorce.
DISCUSSION AND CONCLUSIONS:
1. Although a completed DD Form 2656 is not available, it appears the applicant elected to participate in the SBP for spouse coverage. He was married at the time he enrolled in SBP.
2. The evidence of record shows he was divorced on 27 February 2001.
3. He provided a written statement, dated 7 July 2012, to DFAS requesting his SBP payments be converted from spouse coverage to suspended coverage. This statement is accepted as sufficient evidence to support his request for correction of his records.
4. As a matter of equity, it would be appropriate to amend his records to show he submitted a copy of his divorce decree and changed his participation in the SBP for spouse coverage to suspended coverage in a timely manner and to refund him paid premiums not previously refunded.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing he submitted a request in March 2001 to suspend his SBP spouse coverage based on his February 2001 divorce and that DFAS timely received and processed his request and
b. refunding him SBP premiums paid for spouse coverage as a result of this correction.
_______ _ 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) AR20120022986
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ABCMR Record of Proceedings (cont) AR20120022986
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