SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR2000037865

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 9 June 1999 affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mrs. Nancy Amos		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 9 June 1999.

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		Member	

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

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

12.  On 4 February 2000, the Defense Finance and Accounting Service (DFAS) requested the Board amend the proceedings dated 9 June 1999 pertaining to the applicant to show his records were corrected to show he changed his Survivor Benefit Plan (SBP) coverage to “former spouse” coverage, full base amount on 22 May 1991.  (The Board made a mathematical error in the calculation of the SBP benefits requested by the applicant for his former spouse when it relied on evidence that showed he requested SBP benefits at a reduced amount.  DFAS has since provided evidence that was not available to the Board to show he had increased his SBP coverage to full base amount during a subsequent Open Season.)

13.  Subsequent to the 9 June 1999 action, the legal advisor to the Army Review Boards Agency determined that when a service member or former service member requested an SBP change to “former spouse” coverage but he/she had since remarried and had been married for more than one year, that change could not be made without the current spouse’s concurrence.  When the Board reviewed the applicant’s 9 June 1999 case prior to preparing this supplemental, it noted that he had remarried and his current spouse’s concurrence was not provided.

14.  On 21 February 2000, the applicant’s current spouse provided her concurrence with the change of his SBP coverage to “former spouse” coverage.

THE BOARD ADDITIONALLY CONCLUDES: 

4.  At the time of the Board’s 9 June 1999 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.

5.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he changed his SBP coverage to “former spouse” coverage, full base amount, effective 22 May 1991.  The Board notes that he has since provided his current spouse’s concurrence with this change.

6.  In view of the foregoing findings and conclusions, it would be in the interest of justice to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated        9 June 1999, to show that the individual concerned changed his SBP coverage to “former spouse” coverage, full base amount on 22 May 1991, the date the further judgment was issued.

BOARD VOTE:

__rvo___  __sk____  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039865	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.