ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20160019719 APPLICANT REQUESTS: To be awarded the Former Service Member’s (FSM) Survivor Benefit Plan (SBP) annuity. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Former Service Member (FSM) Spouse self-authored letter * Retirement Branch SBP Denial Letter * Marriage Certificate * Death Certificate * FSM Form (11-92) 2231(Fast Start Direct Deposit) * W-4P (Withholding Certificate for Pension or Annuity Payments) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22E (Department of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service) * Army National Guard Retirement Points History Statement * Letter of Eligibility for Retirement at Age 60 * Reserve Component Supplemental Survivor Benefit Plan Election Certificate (RC-SSBP) * DD 1883 (SBP Election Certificate) * DD 2656-7 (Verification for Survivor Annuity) FACTS: 1. The applicant, the FSM’s widow, states she was denied the claim for SBP benefits for the FSM. The FSM was discharged 13 March 2000. They were married 9 May 2014, and the FSM died 27 October 2015. At the time of the FSM’s death, he had not reached the age of 60; therefore, he did not complete any retirement paperwork nor did he resubmit the form DD 2656-5 which would have changed the SBP from the FSM’s children to the FSM’s widow. It wasn’t until she received a denial letter from Human Resources Command that she learned the impact and responsibility to report their marriage on the DD Form 2656-5, as well as the time limits allowed for reporting the marriage. She believes the FSM thought since he signed up for the SBP for his children to be automatically paid upon his death, and since his children were beyond the age of majority, the applicant would be the recipient of the benefit. 2. A review of the applicant’s records show: * 26 April 1979 – the FSM enlisted in the Alabama Army National Guard * 12 June 1999 – the FSM completed DD Form 1883 showing he elected to award the SBP to his children as he was a widower when this was completed, on this date the applicant declined the Reserve Component Survivor Benefit (RC-SBP) * 13 March 2000 – the FSM was honorably discharged from the Army National Guard and transferred to the Retired Reserves * 19 May 2000 – the applicant received his notification of eligibility for retired pay at age 60 * 9 May 2014 – the FSM and his widow were married * 19 October 2015 – the FSM died from Hemorrhagic Brain Infraction and Hypertension * 10 December 2015 – the FSM’s widow completed DD Form 2656-7 3. The FSM’s widow received a denial letter from the Department of the Army Human Resource Command. The letter shows the FSM widow’s request was denied for the following: * RCSBP was to provide an annuity for the spouse and other eligible beneficiaries for Reserve soldiers or former soldiers who have completed 20 years of service for retired pay at age 60 * By law, the FSM had 90 calendar days from the date he received his letter to submit a SBP Election Certificate (DD Form 2656-5) * if an election was not made within the required 90 calendar days, he would not be entitled to SBP coverage until he applied for retired pay at the age 60. * FSM completed a DD Form 2656-5 SBP Election Certificate, signed 12 January 1999 * FSM had one year after he married to make an election, and he was married on 9 May 2014 * widow is not entitled to a survivor benefit annuity 4. Title 10, U.S. Code (USC), 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. 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. However, the FSM initially elected child only coverage and never elected spouse coverage because he was a widower at the time he received the 20-year letter. The evidence of record does not reflect and the applicant does not allege that the FSM submitted a DD Form 2656-5, SBP election certificate or otherwise attempted to add the applicant to his SBP coverage within one year of their subsequent marriage. Rather the applicant contends she and the FSM assumed that, because he had previously elected child coverage and the children had since aged out of SBP coverage, the coverage would transfer to her as the surviving spouse, but there is nothing in the record to support this contention. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ___________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): Not Applicable REFERENCES: 1. Title 10, U.S. Code (USC), 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160019719 0 3 1