DEPARTMENT OF THE NAVY
ORRECTION OF NAVAL RECORDS
BOARD FOR C
701 SQURTHOUSE ROAD SUITE 100
ARLINGTON, VA 22204-2451
N< NR36¢ 14
9 Feb 1
- Naval Recoras
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having
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warrants
CONCLUSION
RECOMMENDATION:
that
a The Subject’s SBP coverage should reflect spouse lly vice
niia oniy elective © hovembe: 2002 .
bp. Note: subject entered active service on 12 March
released from active duty on 11 March 1986, and reentered
service on 7 December 1987 Subiect's stepchild
was born on 5 November 1990 On 14 May 2003, subject
a
be
Hy
-
@
Q
20 years of service (qua for retired pay) . In
SBP annuity account was established anc was
status based on her eligibility to receive Dependency
Compensation (pic). Public Law 109-364 enacted on 17
permitted the surviving spouses of service members who
duty after 7 October 2001 but before 24 November 2003
their SBP election be changed from spouse coverage tc
spouse exc! uded. The approved child only SBE annuity
retroactive to the service member's date of death. The
annuity was payable only for the mont bs beginning on
October 2006, the date Public Law was enacted. On 1 Nov
BP coverage was changed from spouse to ch
4 It as cert quorum was
deliberations, and that the foregoing i or anc D1 record of
the Board's proceedings in the above en i
5 Pursuant to the delegation of authority set out in
of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having ass a
compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference
NO
Wat
DPADEDT T. ONE TTT
eee ic
Executive Director
ARMY | BCMR | CY2003 | 2003088807C070403
The applicant states, in effect, that the FSM enrolled in the SBP for spouse coverage and that he continued to make payments for this benefit until the time of his death. The FSM and the applicant divorced on 7 March 2001. Although there is no evidence to show that either the FSM or the applicant requested that his SBP coverage be changed to former spouse coverage within the statutory one-year time limit, it appears that it was the FSM's intention to provide the SBP annuity to the applicant.
ARMY | BCMR | CY2010 | 20100018361
The applicant requests correction of his records to show he elected Reserve Component Survivor Benefit Plan (RCSBP), former spouse coverage, prior to reaching age 60. The form he completed clearly stated "A member with spouse coverage who divorces AND who does not elect former spouse coverage is automatically in a "Suspended Coverage" status. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP/RCSBP coverage (without the members agreement) in those cases where...
ARMY | BCMR | CY2012 | 20120001441
The applicant, the former spouse of a deceased former service member (FSM), requests reconsideration of her previous request for correction of the FSM's records to show he changed his Survivor Benefit Plan (SBP) annuity election from "spouse" to "former spouse" coverage within 1 year of his divorce. In their response, DFAS made the following points: * the FSM originally elected SBP coverage for his spouse * upon their Judgment of Divorce, dated 6 February 1997, the applicant lost her...
ARMY | BCMR | CY2008 | 20080005892
The applicant states that she and the FSM married on 29 December 2003 and that they made application for retired pay at age 60 on 8 November 2005. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before...
ARMY | BCMR | CY2014 | 20140014968
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's records to show he changed his Survivor Benefit Plan (SBP) coverage from former spouse coverage to spouse coverage. The evidence shows the FSM originally elected spouse coverage for S____ in 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he did not change his original 1981 election of spouse coverage to...
ARMY | BCMR | CY2013 | 20130016844
The applicant, the former spouse of a retired, and now deceased, former service member (FSM), requests in effect correction of her former husband's record to show he elected Survivor Benefit Plan (SBP) coverage for former spouse, and payment of the SBP annuity based on his death. The applicant states: * her former spouse elected Option C on 15 January 1988 when he received his 20-year letter and on 31 December 1992 when he retired * she and the FSM were divorced after 20 years of marriage...
ARMY | BCMR | CY2003 | 2003083486C070212
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. The applicant states, through counsel, that the FSM and she were married for 34 years. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), enacted 8 September 1982, established SBP coverage for former spouses of retiring members.
ARMY | BCMR | CY2014 | 20140009043
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He completed prior service in the Regular Army and married L____ on 27 March 1987. The applicant provided a Complaint for Absolute Divorce that was filed on 15 July 2003; however, his service record is void of evidence and he has not provided any evidence which shows he was granted a final divorce by the court.
ARMY | BCMR | CY2014 | 20140013522
The applicant requests, in effect, correction of his records to show he changed his Survivor Benefit Plan (SBP) election from former spouse to spouse coverage. On 14 July 2014, the applicant and Sallie were married and on 28 July 2014, he submitted a DD Form 2656-6 (SBP Election Certificate Change) to DFAS. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage...
ARMY | BCMR | CY2004 | 20040011723C070208
Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), enacted 8 September 1982, established SBP coverage for former spouses of retiring members. Public Law 99-145, dated 8 November 1985, permitted retirees to elect SBP coverage for a former spouse under spouse coverage provisions vice insurable interest provisions. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show the FSM requested former...