ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20160016698 APPLICANT REQUESTS: to add his wife to his Survivor Benefit Plan (SBP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * State of Wisconsin Certificate of Marriage FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * during their marriage they took many steps to show he was married * all his records show him as single * he is married and would like his benefits to pass to his spouse * he has been diagnosed with terminal cancer * he received a medical estimate of 6 to 12 month to live * he felt sure he had filed everything necessary to add his wife to his benefits * he found out on 23 August 2016 his military records indicated he was single * the error needs to be corrected as quickly as possible 3. The applicant completed his SBP paperwork on 14 September 1981. At the time, he was not married and elected to give his benefits to his two dependent children. He retired from the Army on 1 October 1981. 4. The applicant married his spouse on 24 August 1996. He states he felt all the necessary paperwork had been filed to qualify her as his surviving spouse though he does not specify what benefits he specifically believed to be under consideration. There is no evidence in his record that he at any point attempted to add her to his original child only SBP election. 1. 5. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married when they are eligible to elect SBP benefits and later becomes married may elect to participate in SBP upon their marriage. They have one year after the date of marriage to make an election. 6. A decision by Congress can initiate a free period of enrollment called an open season. The National Defense Authorization Act for Fiscal Year 2005 established an Open Season for enrollment to be conducted from 1 October 2005 through 30 September 2006. The retiree must pay monthly premiums starting on the date of enrollment and a buy-in premium covering all the costs that would have been paid for the election if it had been made at the first opportunity to do so. Extensive publicity was given in Army Echoes, the Army's retirement newsletter add open. 7. Echoes is an Army bulletin that is available in print and online. It is for Army retirees, and it keeps them abreast of their rights and privileges as well as informing them of developments in the Army. This publication routinely contains the guidance pertaining to one's responsibility for updating the retired pay file with DFAS within one year in the event marriage, remarriage, birth of a child, or are widowed or divorced and need to make or update an SBP election. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence available the Board found there was no corroborating evidence available to support the statements of the applicant to show he attempted to add his wife to his Survivor Benefit Plan (SBP) plan previously. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant X X X Deny 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. 4/29/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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. 3. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married upon becoming eligible to participate in the SBP but who later marries 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 one year after the date on which that person marries.