PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 November 1999                   
	DOCKET NUMBER:   AR1999023990

	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.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected Survivor Benefit Plan (SBP) coverage for spouse and child.

3.  The applicant states that the FSM requested coverage for his disabled daughter during the 1992 Open Season but for some reason his coverage was never changed.

4.  The FSM’s military records show that he entered active duty on 5 October 1957 and retired on 1 February 1982.  At that time he elected spouse only SBP coverage.  (He had noted on the form that his child was physically incapacitated.) His first wife died in 1988 and his SBP coverage was suspended.  On 22 March 1993, during an Open Season period, he completed DD Form 2618 requesting his SBP coverage be changed to spouse and child.  The Retired Pay Operations had received this form.  He married the applicant on 6 March 1995 and he requested resumed spouse coverage.  He died on 17 October 1998.

5.  The applicant is currently receiving the SBP annuity.

6.  Public Law 92-245, enacted 21 September 1972, established the SBP.  The SBP 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, to include dependent children incapable of self-support because of a mental or physical incapacity. 

7.  Public Law 101-189 established an Open Season to be conducted 1 October 1991 – 30 September 1992.  Public Law 101-510, enacted 5 November 1990, delayed the start of the Open Season to 1 April 1992 – 31 March 1993.

8.  In the processing of this case, an advisory opinion was obtained from the Army Retirement Services office (SEE ATTACHED).  That office recommended approval of the applicant’s request based upon Government error.  

CONCLUSIONS:

1.  The evidence of record shows the FSM requested that his SBP coverage be changed to spouse and child during the April 1992 – March 1993 Open Season. Retired Pay Operations had received the request for change but for some reason failed to process it.

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

RECOMMENDATION:

1.  That the applicant be advised the Defense Finance and Accounting Service will be instructed to audit the FSM’s account to determine the cost of child coverage owed retroactive to 1 April 1993 and inform the applicant of those costs.

2.  If the applicant agrees to pay those costs, that all of the Department of the Army records related to this case be corrected by:

     a.  showing that the FSM concerned changed his SBP coverage to spouse and child effective 1 April 1993, the first day of the month following receipt of his DD Form 2618, with costs owed for child coverage only effective that date (since his spouse coverage was suspended); and  

     b.  That the FSM’s records show his SBP costs changed to spouse and child effective 1 April 1996 based upon his remarriage on 6 March 1995.

BOARD VOTE:  

__ejo___  __jlp___  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Erin J. Olmes
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023990	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.