SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:           28 November 2000
	DOCKET NUMBER:   AR2000049109

	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 20 June 2000 were 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 20 June 2000.

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, Jr.		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:

11.  On 1 November 2000, the Defense Finance and Accounting Service – Denver Center informed the Board that based upon the Board’s recommendation the applicant would owe approximately $77,000 in back Survivor Benefit Plan (SBP) premiums.  This amount was due even though the former service member (FSM) continued to pay spouse premiums from the date of divorce on 10 May 1976 until the date of his death.  This excessive amount is due because the recommendation did not further state that, effective 1 March 1986, the FSM elected to change his SBP coverage to former spouse coverage under spouse coverage provisions.

THE BOARD ADDITIONALLY CONCLUDES: 

3.  At the time of the Board’s 20 June 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.

4.  In view of the additional factors in this case, the FSM is entitled to correction of his records to show he further elected to change his SBP coverage to former spouse coverage under spouse coverage provisions vice insurable interest provisions effective 1 March 1986.

5.  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 showing that the FSM concerned elected to change his SBP election to former spouse coverage, under insurable interest provisions, on       24 September 1983, the first day such an election was available to him.

2.  That on 1 March 1986, the FSM further elected to change his SBP coverage to former spouse coverage under spouse coverage provisions vice insurable interest provisions.

3.  That the applicant be advised that the Defense Finance and Accounting Service will be instructed to audit the FSM’s account to determine whether the FSM overpaid or underpaid his SBP account and to collect premiums due or refund overpaid premiums as necessary. 

4.  That the applicant be paid an annuity based upon the FSM’s election of former spouse SBP coverage retroactive to 5 November 1999, the date of his death.

BOARD VOTE:

__mkp___  __jhk___  __wah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049109	
SUFFIX		
RECON		
DATE BOARDED	20001128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.