PROCEEDINGS

	IN THE CASE OF:  .

	BOARD DATE:           9 June 1999                   
	DOCKET NUMBER:   AR1999015225

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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 elected to participate in the Survivor Benefit Plan (SBP) for “spouse” coverage.  

3.  The applicant states that he was not married at the time he retired, so he understood he could cover his spouse if he were to marry later.  He attempted to enroll his spouse shortly after his marriage, but personnel at Nellis Air Force Base, NV either had him complete the wrong form or the Defense Finance and Accounting Service (DFAS) read it incorrectly.  SBP deductions were not started. DFAS told him he would have to wait for an “open window” to enroll his spouse.  

4.  The applicant’s military records show that, after having had prior service in the U. S. Air Force, the U. S. Marine Corps Reserve and the U. S. Army Reserve, he enlisted in the Regular Army around May 1959.  

5.  On 27 August 1979, the applicant retired by reason of a 100 percent physical disability.  He was divorced at the time with one 15 year old child.  He apparently did not elect to participate in the SBP for “child only” coverage.

6.  The applicant married on 8 October 1996.  On 9 October 1996, he initiated paperwork to enroll his spouse in the SBP.  Personnel at Nellis Air Force Base, NV forwarded the paperwork to DFAS-Cleveland.  DFAS-Cleveland apparently did not process his request for SBP enrollment.

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.  A person who is not married upon becoming eligible to participate in the SBP but who later marries may elect to participate.  Such an election must be written and received by the Secretary concerned within one year after the date on which that person marries. 

8.  Public Law 94-496, enacted 14 October 1976, shortened the marriage requirement from 2 to 1 year for those marrying after retirement.

CONCLUSIONS:

1.  The Board concludes that there was government administrative error in this case.

2.  The applicant was not married at the time of his retirement, so when he married his spouse on 8 October 1996 he had one year to enroll that spouse in the SBP.  The evidence shows the applicant took steps to enroll her the next day but either the wrong form was given him for completion or DFAS-Cleveland misread the form and failed to enroll her in the SBP.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant elected to participate in the SBP, full base amount, with “spouse” coverage on 9 October 1996, the day after his marriage, to be effective 1 November 1997, the first day of the month following the first anniversary of his marriage.

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

BOARD VOTE:  

__EB____  __RJW__  __JPS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015225	
SUFFIX		
RECON		
DATE BOARDED	19990609	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.