DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 7794-02
5 November 2002
This is in reference to your application for correction of your deceased former spouse
record pursuant to the provisions of title 10 of the United States Code, section 1552.
’s naval
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 5 November 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support thereof, your former spouse
naval record and applicable statutes, regulations and policies.
the advisory opinion furnished by NPC memorandum of 11 October 2002, a copy of which is
attached.
’s
In addition, the Board considered
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records.
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
are such that favorable action cannot be taken.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
D
N AVY PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
11
Ott
0 2
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL
RECORDS
(BCNR)
Via:
Assistant for BCNR Matters
(PERS-OOZCB)
Subj:
Ref:
(a) BCNR memo of 20 Sep 02
(b)
DOD Financial Management Regulation (Volume
7B)
to reference (a),
record to reflect that he elected former spouse
coverage under the Survivor Benefit Plan (SBP) within one year
of his divorce.
recommend the BCNR not correct
2.
The recommendation is based on the following:
a.
Retire
participation in the SBP at that time.
on 22 January 2001.
transferred to the Temporary Disability
He declined
b.
Chief
27 April 1999.
ere divorced on
2001.
C .
Per reference (b),
if a member was required to elect
The member must notify the Defense
former spouse coverage by a court order, incident to a
proceeding of divorce, dissolution, or annulment, the member may
elect to change to former spouse category coverage within
one-year of that date.
Finance and Accounting Service-Cleveland (DFAS-CL), in writing
of their desire to enroll their former spouse, and provide them
the necessary documentation (i.e. divorce decree).
spouse may also "deem"
when a member enters,
dissolution,
provide an SBP annuity to a former spouse, and such agreement
has been incorporated in,
order, or has been filed with the court of appropriate
jurisdiction in accordance with applicable State law, or in
cases where the member is required by a court order to make a
former spouse election.
an election of former spouse coverage
incident to a proceeding of divorce,
or annulment, into a written agreement to elect to
If the member then fails or refuses to
or ratified or approved by, a court
The former
the member shall be deemed to have made such
make such election,
election if the DFAS-CL receives a written request from the
former spouse or the former spouse's attorney on behalf of the
former spouse.
within one year of the date of the court order or filing to be
valid.
This request must be received by the DFAS-CL
requested to enroll his
eceived a
Additionally,
There is no evidence that
3.
former spouse in the SBP.
letter from DFAS-CL dated 14 June 1999 which stated in part "If
your divorce decree specifies that you are to be designated as a
former spouse beneficiary for the Survivor Benefit Plan (SBP), you
for SBP coverage within one year of
must make a "deemed election"
the date of your divorce directly to the Retired Pay office,
DFAS-CL, Attn Code FRABA, P.O. Box 99191, Cleveland, Oh
44199-1126".
thought SBP coverage was going to be automatic, the DFAS-CL letter
specifically provided the guidelines and were within the one-year
timeframe required for her to "deem" the election.
Though she indicates in her application that she
Survivor Benefit Plan
Retired Activities and GI
Bill Programs Branch (PERS-664)
2
NAVY | BCNR | CY2007 | 08847-07
The Defense Finance and Accounting Service (DFAS) has no record of receiving your letter dated 16 February 1990 or any other request to elect or deem former spouse coverage within one year of your divorce. His SBP spouse category premiums were suspended effective 7 March 1989. c. Per reference (b), if a member was required to elect former spouse coverage by a court order, incident to a proceeding of divorce, dissolution, or annulment, the member may elect to change to former spouse category...
NAVY | BCNR | CY2006 | 09737-06
9737-06 14 March 2007This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 March 2007. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.Sincerely,W. In response to reference...
AF | BCMR | CY2012 | BC-2012-01544
Based on the available evidence of record and the applicants submission, it appears the decedent and the applicant were married in Feb 09. Subsequent to the divorce of his first spouse, a deemed election for former spouse coverage was submitted to DFAS and accepted in accordance with the divorce decree and the governing law. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
ARMY | BCMR | CY2012 | 20120022434
The applicant provided a Certificate of Death showing the FSM died on 20 December 2009 and was married to her at the time. A DFAS, Retired and Annuity Pay, letter dated 31 January 2013 addressed to the FSM's former spouse, stated that with regard to her recent correspondence to DFAS regarding the retired pay account of the FSM and SBP coverage, the following was provided: (1) Former spouse SBP coverage is not automatically granted based on being awarded in a divorce decree; a formal request...
ARMY | BCMR | CY2004 | 20040005777C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2005 DOCKET NUMBER: AR20040005777 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. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and...
AF | BCMR | CY2007 | BC-2006-03261
His father always sent his mother half of his retirement checks on time while he was alive. DPP states the court awarded former spouse coverage under the RCSBP program; however, the member did not notify this office of his marital status changes nor did his former spouse deem an election within a year as required by law. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
ARMY | BCMR | CY2004 | 20040005504C070208
The applicant requests either that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage from spouse and children coverage to former spouse and children coverage or that his children be determined to be eligible beneficiaries for the SBP. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was...
AF | BCMR | CY2005 | BC-2004-00493
If the correct information had been provided to his former spouse, her SBP selection would have been “none.” In support of his request, applicant provided a letter from his former spouse’s attorney with a chronology of events surrounding the election of former spouse coverage; copies of his separation agreement and divorce decree; a copy of “A Guide to: Military Marriage Dissolution, Separation, Pension Division and DFAS DRO’s”; DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement...
ARMY | BCMR | CY2003 | 2003085250C070212
The applicant states that the court ordered divorce decree required him to provide SBP coverage, with his FS as the beneficiary, with the proviso that the FS make all necessary payments required for continuation of coverage. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The applicant had...
ARMY | BCMR | CY2009 | 20090013464
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member's agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. The applicant contends that the records of her former spouse, a retired SM, should be corrected to show she timely filed a request for a deemed election for SBP former spouse coverage. Notwithstanding the August 2008 order by the...