SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           4 December 2001
	DOCKET NUMBER:   AR2001064095

	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 dated 19 July 2001 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		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 dated 19 July 2001.

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Anderson		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:

12.  On 11 October 2001, the Defense Finance and Accounting Service (DFAS) returned the case to the Board informing the Board that Survivor Benefit Plan (SBP) coverage for a person with an insurable interest must be provided at the full base amount and that former spouses were entitled to SBP coverage only under the provisions for a person with an insurable interest until passage of Public Law 99-145 on 8 November 1985.  Therefore, paragraph 1 of the Recommendation, which stated that the former service member (FSM) changed his SBP coverage to former spouse coverage, reduced base amount ($300.00) on 24 September 1983 was contrary to law.  

THE BOARD ADDITIONALLY CONCLUDES: 

5.  At the time of the Board’s 19 July 2001 decision in this case (AR2001058580), it was the intent of the Board to make the FSM’s record as administratively correct as possible to provide equitable relief to the applicant in accordance with applicable laws.

6.  In view of the additional factors in this case, it would be appropriate to amend the Recommendation of the Board’s 19 July 2001 action to show the FSM changed his SBP coverage to former spouse coverage (full base amount) on    24 September 1983, when former spouse coverage was based upon person with an insurable interest coverage/cost provisions.  DFAS also informed the Board that there were no provisions to provide for a reduction of the amount of coverage under Public Law 99-145.  Therefore, the coverage based upon full base amount implemented under the person with insurable interest coverage would have had to remain in effect.  This may result in a greater payback in premiums due but it would also result in a larger annuity for the applicant.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’s records as recommended below.

THE BOARD RECOMMENDS:

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 dated        19 July 2001 (AR2001058580) to show:

     a.  that the FSM’s SBP coverage was suspended on 27 June 1980, the date of his divorce; that he requested, in writing, that his SBP coverage be changed to former spouse coverage on 24 September 1983; and that he requested that his SBP coverage be changed to former spouse coverage at the spouse cost provisions on 8 November 1985;

     b.  that the applicant be advised that DFAS will be instructed to collect any SBP costs due; and

     c.  that the applicant be paid an annuity based upon the FSM’s changed SBP election retroactive to the date of his death.

BOARD VOTE:

__jhl___  __mkp___  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Joann H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064095	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	137.04	
2.		
3.		
4.		
5.		
6.