PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 October 2001                   
	DOCKET NUMBER:   AR2001056847

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 his records be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage.

3.  The applicant states that upon his divorce he was ordered to keep his former spouse as the SBP beneficiary.  He sent a copy of the divorce decree and a letter to the Army requesting this action be taken.  Recently, his former spouse was informed that his current spouse is the beneficiary.

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 April 1961.  He retired on 1 May 1981.  At that time he enrolled in the SBP for spouse and children coverage, full base amount.  

5.  On 13 October 1987, the applicant was divorced.  The divorce decree states in pertinent part “Joint petitioner… shall maintain and keep in full force his military Survivor Benefit (SBP) insurance plan, naming joint petitioner, ...as beneficiary, and shall keep his Survivor Benefit (SBP) insurance plan in full force indefinitely…"  On 14 October 1987, the applicant sent his divorce decree to the Army Finance and Accounting Center with instructions to “Please amend my SBP to show my ex-wife as beneficiary.”

6.  On an unknown date, the applicant remarried.

7.  Public Law 92-425, the SBP, enacted 21 September 1972, 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. 

8.  Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP for former military spouses for retiring members.  Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members (Reservists, too).

9.  Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election.

10.  Title 10, U. S. Code, section 1448(b)(3) incorporates the provisions of the USFSPA relating to the SBP.  It permits a person who, incident to a proceeding of divorce, is required by court order to elect to provide an annuity to a former spouse to make such an election.  Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of divorce.

CONCLUSIONS:

1.  The Board concludes that the applicant made a good faith effort to comply with the state court’s order to retain his former spouse as his SBP beneficiary and that he did so in compliance with Federal law.  He sent his divorce decree and a written request to change his SBP coverage to former spouse coverage to the appropriate office within one year of his divorce.  It appears that through no fault of his own his request was not acted upon and the omission was not identified until recently.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant requested to change his SBP coverage from spouse and children coverage to former spouse and children coverage on         14 October 1987 and that his request was received and processed by the appropriate office.

BOARD VOTE:  

__cla___  __aao___  __hbo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001056847	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.