IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150001483 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). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show he elected to change his Reserve Component Survivor Benefit Plan (RCSBP) coverage from child only to spouse and children. 2. The applicant states: a. When he received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), he was not married but he had a dependent child. He did not make an election so his coverage defaulted to option C and "child only" coverage. b. It was his understanding that his spouse would automatically be covered under option C; however, after attending a retirement briefing he was informed that it was not an automatic transition to have his spouse added as his SBP beneficiary but his children would be added automatically as long as they were enrolled in Defense Enrollment Eligibility Reporting System (DEERS). 3. The applicant provides: * 20-Year Letter * DD Form 2656-6 (SBP Election Change Form) * Certificate of Marriage * DEERS enrollment verification CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. After having prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) 17 April 1985. He is currently serving in the USAR. 3. On 10 April 2002, he was issued his 20-Year Letter, which notified him of his eligibility to receive retired pay at age 60. 4. On 19 April 2012, he married his spouse, Jasmine. 5. He provides a DD Form 2656-6, dated 16 January 2015, requesting a change in his SBP coverage due to marriage. 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. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60, but delay payment of it until the date of the member's 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 8. Title 10, U.S. Code, section 1448(a)(5) provides that a person who is not married and 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 1 year after the date on which that person marries or acquires dependent children. 9. Open Seasons are periodically authorized by Congress and allow eligible non-participants to enroll in RCSBP/SBP or, if participating, increase their level of participation. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, that his military records be corrected to show he elected RCSBP coverage for his spouse within a year of their marriage. 2. Public law requires that a person who is not married upon becoming eligible to participate in SBP but who later marries may elect to participate in the RCSBP/SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within 1 year after the date on which that person marries. 3. There is no indication and the applicant admits he failed to enroll his spouse in RCSPB within 1 year of his marriage. 4. He contends he believed his spouse would automatically covered because his election defaulted to option C due to his failure to make an election within 90 days of receiving his 20 year letter. 5. There is no evidence of government error or injustice in this case. The applicant may enroll his spouse in RCSBP if and when Congress next declares an Open Season enrollment period. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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) AR20150001483 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150001483 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1