IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20150006813 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


CONSIDERATION OF ADDITIONAL EVIDENCE:

13.  On 26 April 2015, new information was received from an official at Retired and Annuity Pay, Defense Finance and Accounting Service (DFAS), Cleveland, OH, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008231, dated 18 February 2010.

14.  The new information consists of a letter, dated 22 April 2015, from an official at the Retirement and Annuity Pay Operations, DFAS.  The official stated that in reviewing the case, his office noticed a discrepancy in the Board's determination that the applicant made an SBP election for spouse coverage during an Open Season conducted July 2006.  DFAS records show the applicant declined coverage for spouse and child since he was not married at the time of his retirement.  Changing the election to spouse only coverage during an Open Season would cause additional costs.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

5.  At the time of the decision of the ABCMR in Docket Number AR20090008231, dated 18 February 2010, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

6.  The ABCMR's decision in AR20090008231, dated 18 February 2010, erroneously stated "When the applicant attempted to enroll his new wife in the SBP during the FY06 Open Season."

7.  As a result, the Board recommended that all Department of the Army records of the individual concerned be corrected by showing the applicant enrolled his current spouse in the SBP during July 2006.

8.  In view of the DFAS guidance, it is clear that the intent of the Board is to grant relief but the recommendation wording was not accurately stated.  Therefore, in order to avoid penalizing the applicant and in order to satisfy the DFAS requirement to state the correct year of enrollment, the recommendation in ABCMR Docket Number AR20090008231, dated 18 February 2010, should be amended as shown below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

2.  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 18 February 2010, as follows:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant did not have a spouse at the time of retirement and to currently show that he made a timely election for spouse coverage naming A___ A. F____ as the beneficiary at the full base amount and became effective 26 April 1997, the day following the date of marriage. 


      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20150006813



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Supplemental Record of Proceedings (cont)                 AR20150006813



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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