PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 June 2003
	DOCKET NUMBER:  AR2003086846

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Lana E. McGlynn		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 he be allowed to enroll in the Survivor Benefit Plan (SBP).

3.  The applicant states that he married in June 2000.  When he applied for an identification card for his spouse in July 2000, he inquired about enrolling in the SBP.  He was told they had to be married at least 2 years before he could enroll. During October/November 2002, he inquired again about enrolling in the SBP. He was told at that time that it was too late to enroll, that he had to enroll "within" 2 years of getting married.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 20 January 1976.  He retired under a voluntary early retirement program on         1 June 1995.  At that time, he was not married, had two dependent children, and
elected not to participate in the SBP.

5.  The applicant married on 12 June 2000.

6.  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.  It required a 2-year waiting period for new spouse eligibility following post-retirement remarriage.  Public Law 94-496, enacted 14 October 1976, reduced this waiting period to       1 year following post-retirement remarriage.

7.  Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married or has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.  

CONCLUSIONS:

1.  The Board accepts the applicant's contention that he was given erroneous information concerning enrolling in the SBP after his post-retirement marriage.  The erroneous information may have arisen over a confusion about the original rules for enrolling a spouse after a post-retirement marriage.

2.  The Board concludes that it would be equitable to correct the applicant's records to show he enrolled in the SBP for spouse coverage in a timely manner.  Back premiums would be due.

3.  In view of the foregoing, the applicant’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 the applicant made a written request to enroll in the SBP for spouse coverage, full base amount, on 1 July 2000 and that his request was received and processed by the appropriate office in a timely manner.

2.  That the applicant be advised the Defense Finance and Accounting Service will be instructed to collect any SBP costs due.  

BOARD VOTE:  

__js___  ___wp___  ___lm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086846	
SUFFIX		
RECON		
DATE BOARDED	20030619	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.