BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150004995 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 reconsideration of his earlier request to correct his records to show he elected Survivor Benefit Plan (SBP) spouse coverage instead of coverage for a natural interest person (NIP). 2. The applicant states: a. After receiving the Board's decision to deny his request, he searched for any evidence of notification of his marriage on 8 November 2003 to the U.S. Army Reserve Personnel Center. He found his DD Form 108 (Application for Retired Pay Benefits), dated 9 August 2004, and DD Form 2656 (Data for Payment of Retired Personnel), dated 1 July 2004, which show he was married on 8 November 2003 and the previously-elected beneficiary was no longer eligible due to his marriage. b. These forms were part of a packet that was submitted to the U.S. Army Reserve Personnel Center and U.S. Army Human Resources Command in St. Louis, MO, on 9 August 2004. c. He found a letter from the Defense Finance and Accounting Service (DFAS), dated 14 December 2005, which shows his marital status as married. This letter contains an attachment titled "Retired Pay Department" which gives a summary of his retired pay account on that date and states he elected enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) on 29 July 1998 for coverage of an insurable-interest person and his marital status is shown as married. He does not know why the election reflected in that attachment does not identify his spouse as the RCSBP beneficiary or why the election date is 29 July 1998 which is prior to his marriage. He submitted proof of his marriage to the U.S. Army Reserve Personnel Center on 9 August 2004 and his wife should be the RCSBP beneficiary based upon that submission. 3. The applicant provides: * DD Form 2656, dated 1 July 2004 * DD Form 108, dated 9 August 2004 * marriage license * U.S. Army Human Resources Command Chronological Statement of Retirement Points * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DFAS letters, dated 14 December 2005 and 27 January 2014 * DFAS Retired Pay Department Summary of Retired Pay Account CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140007406 on 16 December 2014. 2. He provided a DD Form 2656, dated 1 July 2004, and a DFAS document, prepared on 14 December 2005, that were not previously considered by the Board. These documents are new evidence that warrant consideration by the Board. 3. The applicant was born on 11 December 1945. He was commissioned as a U.S. Army Reserve officer on 10 August 1967. 4. On 27 August 1997, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter). His DD Form 1883, dated 29 May 1998, shows he elected RCSBP coverage for his sister, S____ F____ B____, as an NIP. 5. He married T____ L____ M____ on 8 November 2003. 6. He provided his DD Form 2656, dated 1 July 2004, showing he placed an "X" in the block for item 26a (I Elect Coverage for Spouse Only) of Section IX (SBP Election) indicting "I do not have dependent children." He elected RCSBP coverage with a reduced base amount of $595.00. Item 29 (Use this section to continue an item or make additional comments. Attach separate sheets if more space is needed.) of this form states, "Previously elected beneficiary, S____ F____ B____, Member's sister, is no longer eligible due to marriage to current beneficiary, T____ L____ D____, as reflected by attached marriage certificate." This form also shows he married T____ L____ M____ on 8 November 2003. 7. He also provided a DFAS Retired Pay Department Summary of Retired Pay Account prepared on 14 December 2005, showing: * he elected RCSBP on 19 July 1998 * his RCSBP became effective on 11 December 2005 * his coverage is for an insurable-interest person 8. He reached age 60 and he was placed on the Retired List effective 12 December 2005. 9. On a DD Form 2656-6, dated 29 May 2013, he elected RCSBP coverage for spouse only. In a letter, dated 27 January 2014, DFAS informed him his request to change his RCSBP election to spouse only could not be processed because he had not submitted the request within a year of his marriage. 10. On 16 December 2014, the ABCMR denied his request to correct his RCSBP annuity beneficiary election to show he elected spouse coverage versus coverage for a NIP. The Board determined he did not submit an election within 1 year of his marriage. 11. 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. 12. 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 until the date of the member's 60th birthday; and (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 13. 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 RCSBP, 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 that dependent child. 14. Public Law 103-337, enacted 5 October 1994, allowed SBP insurable interest participants whose beneficiary is not their former spouse to voluntarily terminate their participation in the SBP. Any such termination shall be made by a participant by the submission to the Secretary concerned of a written request to discontinue participation in the SBP. Such participation shall be discontinued effective on the first day of the first month following the month in which the request is received. Once participation is discontinued, benefits may not be paid in conjunction with the earlier participation in the SBP and premiums paid may not be refunded. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he submitted proof of his marriage to the U.S. Army Reserve Personnel Center within one year of his marriage and his wife should be the SBP beneficiary based upon that submission. 2. The evidence shows: a. He elected RCSBP coverage for his sister as an NIP in 1998. b. He married his wife on 8 November 2003. c. He applied for retired pay on 1 July 2004. 3. He indicated he was married in his DD Form 2656, dated 1 July 2004, and it appears he elected spouse coverage with a reduced base amount of $595.00. Since he placed an "X" in the block for "I do not have dependent children" of item 26a (I Elect Coverage for Spouse Only) of this form, and he indicated his previous beneficiary was no longer eligible due to his marriage, it is reasonable to presume his intent was to enroll in the SBP for spouse coverage. It would be equitable to correct his records to show he terminated his NIP coverage and on 1 July 2004 elected to enroll in the SBP for spouse coverage in a timely manner. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140007406, dated 16 December 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant made a written request to terminate his NIP coverage, elected SBP spouse coverage with a reduced base amount of $595.00 on 1 July 2004, and the request was accepted and processed by DFAS in a timely manner. __________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) AR20150004995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004995 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1