ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20160017613 APPLICANT REQUESTS: to add the spouse of the deceased former service member (FSM) to his Reserve Component Survivors Benefit Plan (RCSBP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two self-authored letters * denial of SBP benefits * FSM's divorce decree from first wife * State of Alabama Certificate of Marriage * FSM note to Defense Finance and Accounting Service (DFAS) * Verification of Survivor Annuity * State of Alabama Certificate of Death * NGB Form 22 (Department of the Army and Air Force National Guard Bureau Report of Separation and Record of Service) * retirement points worksheet * 20 year letter FACTS: 1. The applicant, the spouse of the FSM, states: * she and the FSM went to Redstone Arsenal on or about 21 December 2011 * the paperwork was submitted to change the SBP election from the FSM's former spouse to the applicant * the applicant and FSM were married on 12 September 2011 * the employee who was helping them with the paperwork asked them to be patient with her as it was not her normal duty * the applicant's son returned that day from a deployment in Afghanistan * the FSM and applicant stopped at Redstone on their way to greet the applicant's son when he arrived on 23 December 2011 from deployment * the applicant is certain of the date because she remembers wanting to see her son return * the FSM was notified by his daughter on 24 August 2014 the paperwork was never changed * the social worker who was working with the FSM who was ill suggested they go back to Redstone to verify the paperwork and make any necessary changes * the applicant and the FSM returned to Redstone on 25 August 2014 * the employee at Redstone completed the paperwork * the employee explained to the applicant and FSM there might be an issue and he would need to follow specific steps in order to confirm the paperwork was submitted properly * another employee called DFAS regarding whether the changes had been made from the 2011 visit * the applicant's opinion is that every possible attempt was made to change the beneficiary on the SBP to the applicant * the applicant and FSM were completely unaware there was an issue prior to being notified by the FSM's daughter * at the time of the second trip to Redstone, the FSM was on oxygen and the effort left him completely worn out * the FSM died on 11 September 2014 * the applicant asks the Board to note the handwritten statement from the FSM regarding his desire to name the applicant his beneficiary * the applicant requests the Board to correct the paperwork regarding the SBP * she also asks the date of the change be retroactive to 21 December 2011 which places the change of the beneficiary within the required 1 year range 2. The FSM received his 20 year letter and was retired from the Army National Guard on 10 August 1998. He completed his RCSBP election on 20 February 1998 requesting immediate coverage for his wife only, at the time. 3. The FSM was divorced on 29 January 2004. There were no provisions on the divorce decree to allow his former-spouse to retain the SBP. 4. The applicant and the FSM were married on 12 September 2011. The applicant states they originally went to Redstone Arsenal in December 2011 to have the SBP changed to the applicant; however, there is no record of those documents completed. 5. An email from DFAS states, "I don't know if our people dropped the ball or not, but there was never a retired pay account established for this person [the FSM]". DFAS attached the items they had on record for the FSM which included the SBP change certificate requesting the change of SBP beneficiary to the applicant. The form was dated 25 August 2014. 6. DFAS also included a letter signed by the FSM dated 26 August 2015, which states: * the FSM is writing to state his request concerning the beneficiary on his SBP * he was married to the applicant on 12 September 2011 * shortly after their marriage they went to Redstone Arsenal with the intent on making the changes to the beneficiary * he recently discovered the changes did not reflect his wishes and he is requesting the change be made * he and the applicant went to Redstone to get the applicant an identification card * he would like to stress the importance of DFAS accepting the changes and implementing them as soon as possible * he is a patient of hospice with a limited life span 7. The FSM passed away on 11 September 2014 at the age of 56. 8. The FSM was married and selected immediate, spouse only RCSBP coverage within 90 days of receiving the 20-year letter. The FSM and his first spouse divorced in 2004. He did not elect former spouse coverage nor did the former spouse deem an election within one year of the divorce. 9. The FSM and the applicant married in September 2011. The applicant contends paperwork to resume SBP coverage with her as the FSM’s new spouse was submitted within one year of the marriage (in December 2011). However, only the 25 August 2014 SBP election change certificate is of record. Per DOD Financial Management Regulation (FMR), 7000.14-R, Volume 7B, Chapter 54, if a FSM remarries and takes no action, then RCSBP spousal coverage automatically resumes upon the first anniversary of remarriage at the coverage amount originally elected regardless of whether an election form is received within one year of marriage. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The applicant elected spouse coverage of SBP when the applicant got his 20-year letter. The applicant divorced and remarried, but never changed his election for spousal coverage. In this case, the suspended coverage should have resumed by default regardless of whether the election was received within the first year of the marriage. At his death, the FSM had an eligible spouse beneficiary and by law, she is entitled to immediate, spouse only RCSBP coverage and should have received an annuity upon the FSM’s death on 11 September 2014. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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’s spouse-only election of SBP coverage remained in effect and covers his current spouse and the request was received and processed by the appropriate 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1 Public Law 95-397, the Reserve Component SBP, 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 of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 3. DOD FMR, Volume 7B, Chapter 54, section 540601.B provides that if a member with spouse or spouse and child coverage loses the spouse beneficiary through death or divorce, the member may, upon remarriage, increase the level of coverage up to and including full-retired pay, or elect not to resume spouse coverage. If a member takes no action, spouse coverage will automatically resume upon the one year anniversary of the remarriage at the coverage amount originally elected.