IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150014489 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: 4 October 2016 DOCKET NUMBER: AR20150014489 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 elected to participate in the Survivor Benefit Plan for child only coverage, effective 8 May 2015. ___________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: 4 October 2016 DOCKET NUMBER: AR20150014489 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 to enroll in the Survivor Benefit Plan (SBP). 2. The applicant states she based her decision not to enroll in SBP prior to her retirement date based on the briefing she received. The SBP briefer informed her that there was no need to enroll since she was unmarried. She just received new and correct information; therefore, she wishes to enroll in SBP. 3. The applicant provides no additional documents. CONSIDERATION OF EVIDENCE: 1. After prior enlisted active service, the applicant was appointed as a Reserve warrant officer 8 August 2006 and entered active duty. 2. On 27 April 2015, Headquarters, III Corps and Fort Hood, Fort Hood, TX, published orders announcing her retirement by reason of physical disability effective 21 July 2015. 3. She completed and signed a DD Form 2656 (Data for Payment of Retired Personnel) on 8 May 2015. She placed an "X" in item 26g indicating that she declined to participate in SBP and that she had eligible dependents under the plan. She indicated she was "single" and listed her son who was born on XX October 1997 (age 17 at the time) in blocks 13 and 25. 4. She retired from active duty on 20 July 2015 by reason of permanent physical disability and transferred to the U.S. Army Reserve Control Group (Retired Reserve) the following day. 5. On 20 September 2016, a staff member of the Board contacted the applicant to confirm she wanted to enroll in SBP for child only coverage. She was advised that if her son was in college, he would remain covered under the plan until he reached age 22. The applicant was advised she would owe SBP premiums from her date of retirement. On the same date she responded and stated she was "requesting all possible available benefits of this program." She stated that her son is a full-time student and she is aware of the retroactive payments. REFERENCES: 1. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election, once made, was irrevocable except in certain circumstances. 2. Public Law 92-425 also provided that the term "dependent child" means a person who is unmarried; is under 18 years of age or at least 18 but under 22 years of age and pursuing a full-time course of study in a high school, college, or comparable recognized educational institution; is incapable of self-support because of a mental or physical incapacity existing before the person's 18th birthday; or is the child of a person to whom the plan applies including an adopted child, a step or foster child, or a recognized natural child who lived with that person in a regular parent-child relationship. DISCUSSION: 1. The applicant completed and signed a DD Form 2656 on 8 May 2015. She was unmarried on her date of retirement and elected not to participate in the SBP. 2. It appears the applicant misunderstood the SBP instructions explained to her during her SBP briefing or that she did not receive proper counseling. Even though she was unmarried, she had a dependent child eligible for coverage under this plan. She signed her DD Form 2656, declining SBP coverage in May 2015, and 3 months later, upon discovering she could have elected child only coverage, she applied to this Board to change her election. 3. In a 20 September 2016 email, the applicant explained that her dependent child is currently a full-time student. It is reasonable to presume that if the applicant was fully aware that she could have elected to participate in the SBP for child coverage only, she would have done so. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014489 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014489 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2