SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 September 1999
	DOCKET NUMBER:   AR1999030860

	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 AR1999022666 dated 10 June 1999 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Loren G. Harrell		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 AR199902266 dated 10 June 1999.

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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:

14.  On 2 September 1999, the Defense Finance and Accounting Center – Denver noted that the incorrect Public Law had been cited.

15.  Public Law 98-94, enacted 24 September 1983, authorized former spouse Survivor Benefit Plan (SBP) coverage for retired members.  The insurable interest option was authorized for beneficiaries following divorce if previously covered under the spouse option.  A one-year open enrollment period from 24 September 1983 – 23 September 1984 was established.

16.  Public Law 99-145, enacted 8 November 1985 and effective         1 March 1986, authorized former spouse SBP elections under the same provisions (options, cost, annuity payment) as spouse coverage.  An open enrollment period (until 8 November 1986) was established.

THE BOARD ADDITIONALLY CONCLUDES: 

5.  At the time of the Board’s 10 June 1999 decision in this case, it was the intent of the Board to make the former service member’s (FSM) record as administratively correct as it should properly have been at the time he and the applicant divorced.

6.  In view of the additional factors in this case the applicant is entitled to correction of her deceased former spouse’s record to show he elected former spouse SBP coverage at the time it was authorized by law.

7.  In view of the foregoing findings and conclusions, it would be in the interest of justice 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 AR1999022666, dated 10 June 1999, to show:

     a.  that the FSM changed his SBP coverage to former spouse, insurable interest provisions, on 23 September 1984, and

     b.  that the FSM changed his SBP coverage on 1 March 1986 to reflect the new former spouse provisions.

2.  That as a result of these corrections, the applicant became an authorized beneficiary effective 22 July 1993, the date of the FSM’s death and the previous SBP annuity payments to her are no longer a debt and were a valid payment to her.

3.  That SBP annuity payments to the applicant be resumed retroactive to 1 April 1997, the date DFAS stopped payments.

BOARD VOTE:

__jma___  __tsk___  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030860	
SUFFIX		
RECON		
DATE BOARDED	19990915	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.