ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  23 April 2019

	DOCKET NUMBER:  AR20160016294


APPLICANT REQUESTS: The applicant, the spouse of the Former Service Member 
(FSM), requests to be awarded the Survivor Benefit Plan (SBP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number P201-022, dated 20 July 2005
*	Notification of Eligibility for Retired Pay at Age 60 with 15 Years of Service (15-
Year Letter), dated 25 July 2005
*	Army National Guard (ARNG) current annual statement, dated 25 July 2005
*	Marriage Certificate, dated 12 April 2008
*	Death Certificate, dated 18 February 2016

FACTS:

1.  The applicant states Orders Number P-201-022 or the FSM’s 15-Year Letter does 
not list a requirement to inform the ARNG if the FSM married.

2.  A review of the FSM’s service records show the following on:

*	14 April 1998 – having had prior service in the U.S. Navy, the FSM then enlisted 
in the Florida ARNG (FLARNG)
*	25 July 2005 – the FLARNG issued the FSM a Notification of Eligibility for 
Retired Pay at Age 60 with 15 Years of Service letter, notifying him he was 
eligible for retired pay at age 60; it is silent in regards to SBP
*	10 September 2005 – the FSM was honorably released from the FLARNG and 
transferred to the U.S. Army Reserve (USAR) Control Group (Retired)
*	the FSM’s record is void of a DD Form 2656 (Data for Payment of Retired 
Personnel) indicating he made a SBP election
*	the FSM’s records are void of any evidence he was married to the applicant 
during his time in service 



3.  The applicant provides:

*	Orders Number P201-022, issued by the Office of the Adjutant General, St. 
Augustine, FL, showing the FSM was transferred to the USAR Control Group 
(Retired), effective 10 September 2005
*	ARNG current annual statement showing the FSM had 18 years, 2 months, and 
26 days of creditable service for retirement pay
*	Marriage Certificate showing the applicant and FSM were married on                              
12 April 2008
*	Death Certificate showing the FSM died on 13 February 2016 and the applicant 
was the informant, the FSM was 49 years of age

4.  Title 10, United States Code (USC), 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 that dependent child.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  The FSM retired prior to marrying the applicant.  Public law provides the 
FSM had one year from the date of their marriage to elect SBP spousal coverage.  The 
FSM’s record is absent evidence that shows he elected SBP coverage or paid any 
premiums.  Based upon the preponderance of evidence, the Board agreed there was no 
error or injustice in this case, and recommend no relief.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCE:

Title 10, USC, 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 that dependent child.  


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160016294
	
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