PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2002
	DOCKET NUMBER:   AR2002076782

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 requested to enroll in the Survivor Benefit Plan (SBP) for spouse coverage within one year of his marriage.

3.  The applicant states, in a letter to Senator Breaux, that he married on           20 December 1997 and requested SBP for spouse coverage on 25 January 1998.  He tried to check the status of his request but it was not until over one year had passed that the Defense Finance and Accounting Service (DFAS) contacted him to tell him they denied his request because they had not received his request at the time he sent it and the one-year period had passed.

4.  The applicant’s military records show that he was born on 25 May 1935.  After having had prior service in the Army National Guard, he entered the U. S. Army Reserve as a commissioned officer in 1969.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but he apparently did not enroll in the Reserve Component SBP (RCSBP) at that time.  He turned age 60 on 25 May 1995.  He was not married at that time and did not enroll in the standard SBP.

5.  The applicant married on 5 December 1997.  On 25 January 1998, he wrote to DFAS, informed them he was married, provided a copy of his marriage license, and requested they "add her to my survivor benefits."  He apparently followed up with phone calls.  He sent another letter to DFAS on 23 February 1999 again requesting she "be added to my survivor benefits."  By an undated letter, DFAS informed him that they had never received his initial correspondence and did not receive his request until his letter of 23 February 1999.  Since his request was received after the one-year anniversary date, his request was denied.

6.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  

7.  Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.  A member must make the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elect to participate in the standard SBP.

8.  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.  There is sufficient evidence to show the applicant sent a written request to DFAS on 25 January 1998, shortly after his marriage in 1997, requesting, in effect, that he be enrolled in the SBP for spouse coverage.  For an unknown reason, DFAS did not receive this request until he wrote them a second time, in February 1999.  Since DFAS did not receive his request until after the one-year period required by law had passed, DFAS denied his request.

2.  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 that DFAS received the applicant's 25 January 1998 request to enroll in the SBP for spouse coverage on 1 February 1998 and processed it in a timely manner.

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

BOARD VOTE:  

__JHL__  __MMD__  ___REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston   _
		        CHAIRPERSON

INDEX

CASE ID	AR2002076782	
SUFFIX		
RECON		
DATE BOARDED	2002/09/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	137.02	
2.		
3.		
4.		
5.		
6.