ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20160019261 APPLICANT REQUESTS: * approval of a waiver for late submission of Reserve Components Survivor Benefit Plan (RCSBP) suspension * suspension of his RCSBP spouse coverage effective the date of his divorce * proration of any RSCBP premiums for only the 5 years his marriage was in effect after he elected RCSBP Option C in 2001 * in effect, correction of his records to show declination of Survivor Benefit Plan (SBP) spouse coverage upon retirement since he will not be married at that time APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Self-authored Statement, undated * Memorandum, U.S. Army Reserve Personnel Command, St. Louis, MO, dated 5 July 2001, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * Divorce Decree, Superior Court , dated 19 October 2006 * DD Form 2656-6 (Survivor Benefit Plan (SBP) Election Change Certificate) dated 28 October 2011 FACTS: 1. The applicant did not file within the 3-year time frame as 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: * he was not aware of the 12-month submission deadline for suspension of RCSBP coverage after a divorce * he will be forced to pay much higher premiums for RCSBP and SBP once he starts receiving his retired pay at age 60 * he notified his unit administrator of his divorce in October 2006 * notification to his military chain of command should have triggered notification to him by the U.S. Army Reserve that he had only 12 months to adjust his RCSBP election, but there was no mechanism in place to do that * he submitted his SBP Election Change Certificate to the Defense Finance and Accounting Service (DFAS), but did not receive acknowledgment of his election or its rejection 3. The applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 5 July 2001. 4. He provided copies of court documents showing he divorced on 19 October 2006. 5. He completed an SBP Election Change Certificate on 28 October 2011 to suspend his SBP spouse only coverage based on his divorce. 6. The applicant was assigned to the Retired Reserve effective 1 July 2010. 7. The applicant reached age 60 and was placed on the Retired List effective 6 February 2018. 8. On 26 February 2019, the Supervisor, Special Interests, Military Retired Pay, DFAS, stated: * DFAS does not have a copy of the applicant's DD Form 1883 * the applicant sent DFAS a change form to suspend coverage in 2011 * DFAS established a no-beneficiary account for the applicant * that was in error unless the branch has some document showing he notified DFAS within 1 year of the divorce * the applicant is currently listed as "no beneficiaries" and is not being charged premiums for SBP coverage * correction of his record would need to state he elected Spouse RCSBP Option C within 90 days of receiving his 20-year letter, divorced on 19 October 2006, and notified the appropriate office within 1 year of his divorce * he had no eligible beneficiaries at the time of his retirement BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the facts outlined by the DFAS Supervisor in paragraph 8 above, the Board found that the applicant made a submission to suspend RCSBP coverage. The Board also found no evidence submitted by the applicant showing that decision was made in error for lack of training or information received on the decision. For that reason, the Board concluded the applicant failed to show an error or injustice which would warrant changing the military service record. The board recommended denying the applicant’s request for 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. REFERENCES: 1. Title 10, USC, 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 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, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 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. An election, once made, is irrevocable except in certain circumstances. This law also provides that every member having a spouse and/or child(ren), who retires/transfers to the Retired List on or after that date, is automatically covered under the SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the Retired List. 3. Title 10, U.S. Code, section 1448a, states a participant in the SBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay. The statute also provided for automatic enrollment for spouse coverage at the full base amount unless a member affirmatively declined to participate in the SBP prior to receiving retired pay. ABCMR Record of Proceedings (cont) AR20160019261 0 3 1