PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 April 2001                   
	DOCKET NUMBER:   AR2001053479

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 reconsideration of her previous application to correct the records of her deceased former spouse, a former service member (FSM), to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage.  Her attorney states that a lawsuit in the Federal Court in the District of New Jersey between the applicant and the Army and the FSM’s current spouse was settled in the applicant’s favor.

3  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 11 August 1999.

4.  On 2 February 2001, the U. S. District Court, District of New Jersey ordered the Army to change the FSM’s records to show that he elected SBP former spouse coverage for the applicant.  All future payments would be made to the applicant.  The FSM’s widow agreed to give up any and all rights to any present or future benefits from the FSM’s SBP.

CONCLUSIONS:

In accordance with the order of the U. S. District Court, District of New Jersey, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the FSM changed his SBP election to former spouse coverage on 1 September 1988.

2.  That the Defense Finance and Accounting Service will be directed to begin paying the applicant the SBP annuity effective upon receipt of the Board’s directive.  Action will not be taken to collect the SBP payments already made to the FSM’s current spouse.  

BOARD VOTE:  

__rwa___  __rtd___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Roger W. Able
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001053479	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.