IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150006116 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 records to show that he elected the Survivor Benefit Program (SBP) coverage for "spouse only" in the full base amount. 2. The applicant states at the time he retired he was married and has been married since 24 July 1974. At that time, he truly believed his marriage was over and he would be divorced; however, he stayed married. 3. The applicant provides: * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD Form 2656 (Data for Payment of Retired Personnel) * DD Form 108 (Application for Retired Pay Benefits), dated 4 October 2013 * two memoranda, dated 8 May 2003 and 25 October 2013 * Twenty-Year Letter * two orders * Army National Guard (ARNG) Retirement Points History Statement, dated 22 October 2013 * Retiree Account Statement * a marriage certificate CONSIDERATION OF EVIDENCE: 1. The applicant was born on 10 December 1954. He and his spouse Deborah were married on 27 July 1974. Having had prior active service in the U.S. Navy, he enlisted in the Pennsylvania ARNG (PAARNG) on 24 March 1976. 2. On 2 May 1994, the PAARNG issued him a Twenty-Year Letter. This memorandum notified him that he had completed the required years of service and he would be eligible for retired pay upon application at age 60. It appears he deferred his Reserve Component (RCSBP) election until age 60. 3. Orders 128-026, dated 8 May 2003, issued by The Adjutant General, PAARNG, honorably discharged him from the ARNG and assigned him to the Retired Reserve effective 23 March 2003. Orders 197-001, dated 15 July 2004, amended Orders 128-026 to show the effective date as 1 July 2003. 4. The NGB Form 22 he was issued shows he was honorably discharged from the PAARNG on 1 July 2003 and assigned to the Retired Reserve. He completed 29 years, 9 months, and 9 days of total service for retired pay. 5. The applicant provides a DD Form 2656 he completed on 4 October 2013 wherein he indicated he was divorced at the time and had two children, Joseph born in 1977 and Maria born in 1980. He also indicated neither child was disabled. a. This form shows he elected SBP coverage for "children only" based on his full gross pay. The applicant signed this form on 4 October 2013 and this form is on file with the Defense Finance and Accounting Service (DFAS). b. Section XII (SBP Spouse Concurrence) of the DD Form 2656 states, in part "Required when member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage." 6. The applicant provides: a. Orders C11-498927, dated 5 November 2014, issued by the U.S. Army Resources Command (HRC), honorably retiring him and placing him on the Retired List on 10 December 2014. b. A Retiree Account Statement, dated 11 December 2015, wherein it shows no SBP election was reflected on his account. 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. Children are eligible for SBP payments as long as they are unmarried, under age 18, or under age 22 if still in school. A child who is disabled and incapable of self-support remains eligible if the disability occurred before age 18 (or before age 22 if a full-time student). DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows at the time the applicant submitted his DD Form 2656 on 4 October 2013 he indicated he was divorced and elected children only SBP coverage. As both his children were over the age of 22 and were not disabled, this was not a valid election and no SBP deductions were made from his retired pay when he was placed on the Retired List on 10 December 2014. 2. However, as he was actually married at the time and is still married, his spouse would have been required to sign the DD Form 2656 showing she agreed to his SBP election. As she did not do so, his election would have automatically reverted to spouse coverage. BOARD VOTE: ____x___ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 elected "spouse only" full coverage when he completed his DD Form 2656 on 4 October 2013 and this form was received and processed by DFAS in a timely manner * DFAS collecting any SBP premiums due as a result of this correction from 10 December 2014, the date he was placed on the Retired List _______ _ _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) AR20150006116 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006116 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1