ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 22 October 2019 
DOCKET NUMBER: AR20170000592

APPLICANT REQUESTS: change his Survivor Benefit Plan (SBP) election from spouse 
coverage to spouse and children coverage.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Judgment and Decree for Adoption
*	Birth Certification
*	DD Form 2656-6 (SBP Change Certificate)
   *	Denial letter from the Defense Finance and Accounting Service 
FACTS:
1.	The applicant states he and his spouse were unaware of the 1-year requirement to 
change the election. He retired in 2011 and elected spouse coverage. They then 
adopted a child in January 2013. If they had been aware of the 1-year rule, they would 
have submitted the paperwork within one year.  He provides:

*	Judgement and Decree for Adoption, dated 14 January 2013, showing the 
District Court of approved a minor child for all legal intents 
and purposes, be the child of the applicant and his spouse
*	Birth Certification of said child
*	DD For 2656-6, dated 11 August 2016 requesting to change coverage
*	DFAS denial letter, dated 17 August 2016

2.	Review of the applicant’s service records shows:

   a.	He entered active duty from the Army National Guard on 15 April 1999. He 
served in a variety of positions and attained the rank/grade of sergeant first class 
(SFC)/E-7.

   b.	On 3 June 2011, in anticipation of his upcoming retirement, he completed a DD 
Form 2656 (Data for Payment of Retired Personnel). He indicated that he was married 
on 8 October 1999.  He elected spouse SBP coverage based on the full amount.
   


   c.	He retired on 31 July 2011 and he was placed on the retired list in his retired 
rank/grade of SFC/E-7 on 1 August 2011.

   d.	On 11 August 2016, he submitted a DD Form 2656-6 to DFAS requesting to 
change his SBP coverage from spouse to spouse and child, due to acquiring a 
dependent child. He listed the adoption of his child in January 2013.

   e.	On 17 August 2016, DFAS denied his request and indicated that a change to his 
SBP election would have had to be received within one year of the child birth.

3.	By law (Title 10, U.S. Code, Section 1448-1450), there are limitations on changing or 
revoking elections. In general, an election under this section may not be changed or 
revoked.  A person who elects to provide an annuity to a person designated by him 
under section 1448(b) of this title may, subject to paragraph (2), change that election 
and provide an annuity to his spouse or dependent child.  Such change must be 
received within one year of the life event (such as birth of child).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted. Based upon the justification provided by the applicant for failing to 
meet the one year retirement in changing his SBP election, the Board concluded that 
the applicant was not properly trained at the time of separation and that allowing him to 
change his election to spouse and children coverage would be appropriate.

The Board did find that the applicant should be responsible for paying all back 
premiums as a result of the additional coverage in SBP.

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 
changed his SBP election from spouse to spouse and children coverage on 12 January 
2014 (within one year of his adoption of his child) and the request was received and 
processed by the appropriate office in a timely manner.


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:

Title 10, U.S. Code, section 1449 provides for the Survivor Benefit Plan. Persons 
entitled to retired pay are authorized to participate in the SBP. Coverage is by category 
(not by name): spouse, former spouse, children, and insurable interest. Changes to 
coverage are authorized due to life event changes (marriage, divorce, death, birth, etc) 
but must be received by the Secretary concerned within one year of the life event.

NOTHING FOLLOWS