IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012893 BOARD VOTE: ____X_____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012893 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 completed and returned the DD Form 2656-6 and related documents to the proper office within 1 year of their marriage, on 7 July 2014, and that they were received and processed by the proper office 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. IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012893 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 her records to show she elected Survivor Benefit Program (SBP) coverage for her spouse within 1 year of marriage. 2. The applicant states she was not married at the time of retirement so she filled out the SBP election form indicating she declined SBP coverage. She married on 7 July 2014 and submitted a DA Form 2656-6 (SBP Election Change Certificate) indicating she wanted SBP coverage for her spouse at the full retired pay rate. She received notification from the Defense Finance and Accounting Service (DFAS) stating that her request could not be processed because she had declined SBP coverage in 1999. 3. The applicant provides copies of: * DA Form 2656 (pages 3 and 4), dated 2 September 1999 * Her undated letter to DFAS requesting enrollment in the SBP * State of Maryland Marriage License, dated 7 July 2014 * DA Form 2656-6, dated 29 May 2015 * DFAS letter, dated 8 June 2015 * DA Form 5016 (Chronological Statement of Retirement Points), dated 9 March 2016 CONSIDERATION OF EVIDENCE: 1. The applicant is a retired U. S. Army Reserve sergeant first class/E-7. 2. A DA Form 2656 (pages 3 and 4), dated 2 September 1999, shows in item 28 (Beneficiary Category) an "X" is placed in item "g" indicating she elected not to participate in SBP, she did not have eligible dependents under the SBP. 3. A State of Maryland Certificate of Marriage shows she married on 7 July 2014. 4. In an undated letter to DFAS, the applicant forwarded her marriage license and a DA Form 2656-6, dated 29 May 2015, requesting enrollment in the SBP with spouse only coverage at the full retired pay rate. Section III - Conditions that Trigger Eligibility to Change Coverage of the DA Form 2656-6 states: A member, who does not have a spouse at the time of initial eligibility, may provide SBP for the first spouse acquired after retirement by electing coverage before the first anniversary of the marriage. 5. On 8 June 2015, DFAS notified the applicant that her request was unable to be processed because she had declined SBP coverage at the time of retirement, on 1 November 1999. REFERENCES: 1. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 2. Title 10, U.S. Code, section 1448(a)(5) (participation by person marrying after retirement, etc.). a. (A) Election to participate in plan. A person who is not married and has no dependent child upon becoming eligible to participate in the Plan but who later marries or acquires a dependent child may elect to participate in the Plan. b. (B) Manner and time of election. 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. DISCUSSION: 1. At the time of retirement the applicant stated she was not married and elected not to participate in the SBP. 2. The applicant married on 7 July 2014 and executed a DA Form 2656-6 on 29 May 2015 (10 months after the marriage). 3. By law, a member 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 that dependent child. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012893 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012893 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2