2.  The applicant requests that his Survivor Benefit Plan (SBP) election be changed to “spouse” coverage.  He states he faxed his enrollment request on    9 August 1995.

3.  The applicant’s military records show he entered active duty as a 2d Lieutenant on 20 June 1959 and retired on 31 August 1979, in pay grade O-5, after completing 20 years of active federal service.

4.  The applicant was not married at the time he retired.  He had elected SBP coverage for “children only.”

5.  He married on 1 July 1995.  He notified the Defense Finance and Accounting Service - Cleveland (DFAS-CL) in August 1995 that he wanted to enroll his spouse in the SBP.

6.  Public Law 92-245, 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.  

7.  In the processing of this case, a staff advisory opinion was requested from the Headquarters Army Retirement Services Office. That office recommended approval of the applicant’s request that his SBP be changed to “spouse” coverage.  That office noted that an unmarried retiree has one year from the date of first gaining a spouse after retirement to make written request to enroll his/her spouse.  The applicant married on 1 July 1995.  He indicates he faxed a written request to DFAS-CL on 9 August 1995, within the one-year time limit imposed by law.  Although the request is not in his finance file and there is no record of follow-up actions, relief could be granted based on the fact the applicant took action quickly upon discovering his election had not been changed.  Spouse costs must be retroactive to the date of addition of spouse coverage.

CONCLUSIONS:  

1.  There is sufficient evidence to show the applicant made a written request for “spouse” coverage within the one year window required by law.  Although the request apparently was not received, he took action quickly upon discovering his election had not been changed to add his spouse.

2.  In view of the foregoing, it would be in the interest of justice to correct the records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant applied for “spouse” coverage on           9 August 1995, to be effective on the first anniversary of his 1 July 1995 marriage.

2.  That spouse costs be retroactive to 1 July 1996.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                        
                                                               CHAIRPERSON