@ DEPARTMENT OF THE NAVY ©
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 09561-09
19 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC memo 1760 MMSR-6K of 18 Nov 09
{3) Memo from _ me cdtd 5 Feb 2010
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show a timely written request for
conversion from spouse to former spouse coverage under the
Survivor Benefit Plan (SBP) within one year of his divorce.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner’s allegations of error and injustice
on 22 February 2010 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed ail the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner married a... 10 October 1983.
c. On 1 May 1997, Petitioner was transferred to the Fleet
Reserve and he elected “spouse only” coverage in the SBP
program, enclosure (2).
d. On 21 July 2004, Petitioner and (yer:
divorced. Their separation agreement contained a provision that
contemplated continued participation in the SBP.* However,
neither ae ::: Petitioner took the action required within
one year following their divorce to continue coverage.
e. In November 2008, approximately four years after
Petitioner’s divorce, GE». on NAVY | BCNR | CY2013 | NR6055 13
In May 2013, Petitioner a _— my applied deceased former spouse's to BCNR re ing to correct her " |g record to show that he elected former spouse coverage within one year of his divorce, pursuant to a divorce decree, enclosure (1). to DFAS requesting former spouse SBP coverage within one year of their divorce, as required by law. Although the Board recognized that Petitioner, at that time, did not submit a deemed election within one year from the date of divorce as required by law, the...
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Title 10, U.S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. There is no evidence the FSM attempted to change his elected SBP from spouse to former spouse prior to his death. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. 02519-10 7 October 2010 From: Chairman, Board for Correction of Naval Records Tee: Secretary of the Navy Ret: (a) Teble LO USC. L552 Encl: (1) DD Form 149 w/attachments (2) Headquarters United States Marine Corps (HQMC) memo 1760 MMSR-6K of 16 Apr 10 (3) Headquarters United States Marine Corps (HOMC) memo 1760 MMSR-6K of 25 Jun 10 (4) Enai2 pv;
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The FSM's Retiree Account Statement, with an effective date 2 December 2003 and with a new pay due date of 2 January 2004 shows he elected full SBP coverage (to provide a 55% annuity amount), for spouse only. 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 election. As a result, the Board recommends that...
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Counsel requests, in effect, that the records of the applicant's former spouse be corrected to show he elected SBP former spouse coverage in a timely manner. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. As such, it would be in the interest of justice to show the FSM made a former...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
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The applicant married the FSM in "1995," but he did not inform DFAS within a year of the marriage, so the applicant was not eligible. DFAS issued the applicant two payments which were later collected because she was not entitled to an SBP annuity because the FSM was not married at the time of his retirement and had not elected coverage for her within one year of their marriage. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by showing that...
ARMY | BCMR | CY2011 | 20110014744
The applicant requests, in effect, 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 to former spouse coverage. DFAS informed the Board's staff their records indicated that the FSM and applicant divorced on 1 April 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM made a voluntary change in...
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In addition, he requests that his military records be corrected to show he elected RCSBP former spouse coverage. The applicant's military records show that he was honorably separated from the New Mexico ARNG on 31 January 2008 and he was transferred to the Retired Reserve. If he is requesting only that his RCSBP coverage be changed from insurable interest to former spouse, based on the evidence of record he has already been refunded the difference in premiums between insurable interest...
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DPSIAR states there is no evidence of Air Force error in this case; however, in the interest of justice and absent a competing claimant, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse coverage based on the previous reduced level of retired pay effective 31 May 2007, naming his former spouse as beneficiary. To date, a response has not been received (Exhibit C). _______________________________________________________________ THE BOARD RECOMMENDS...