SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            7 September 2000
	DOCKET NUMBER:   AR2000043716

	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 11 February 2000 affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	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 11 February 2000.

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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:

13.  On 19 May 2000, the Defense Finance and Accounting Service (DFAS) informed the Board that the former service member (FSM) and the applicant divorced on 23 September 1986, not on 15 August 1985 as stated in the Proceedings dated 11 February 2000.  It appears that only the separation agreement (dated 15 August 1985) was provided with the original application and the Board took that date to be the date of divorce, also.

14.  DFAS stated that because the divorce did not occur until 23 September 1986, Public Law 98-94, which was cited in the Proceedings, does not apply.  Therefore, the recommendation should be amended to reflect that the FSM applied for former spouse Survivor Benefit Plan (SBP) coverage under the spouse coverage provisions effective 23 September 1986, the date of the divorce.

THE BOARD ADDITIONALLY CONCLUDES: 

4.  At the time of the Board’s 11 February 2000 decision in this case, it was the intent of the Board to make the FSM’s record as administratively correct as it should properly have been at the time at the time he divorced.

5.  In view of the additional facts in this case, the FSM’s records should be corrected to show he applied for former spouse SBP coverage under the spouse coverage provisions effective 23 September 1986, the date of the divorce.  This is the only correction necessary since Public Law 99-145 permitted retirees to elect SBP coverage for a former spouse under spouse coverage provisions, vice insurable interest provisions, effective 1 March 1986.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’s records as recommended below.

THE BOARD RECOMMENDS:

1.  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 11 February 2000 to show that the FSM applied for former spouse SBP coverage under the spouse coverage provisions effective              23 September 1986, the date of the divorce.

2.  That the applicant be paid an annuity based upon the FSM’s change in coverage retroactive to 24 April 1999, the date of his death.

3.  That any SBP costs due be waived.

BOARD VOTE:

__cla___  __wtm___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043716	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.