ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170002090 APPLICANT REQUESTS: that his wife is added to his Survivor Benefit Plan (SBP) coverage APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * DD Form 1883 (Survivor Benefit Plan Election Certificate) * DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate) * DD Form 2656 (Data for Payment of Retired Personnel) FACTS: 1. The applicant states: a. He divorced his first wife in October 1996. In December 1997, he completed a DD Form 1883 and elected Reserve Component (RC) SBP for his then minor children. He remarried on 26 March 2008, and on 26 May 2008 took his wife to the Air National Guard Base in Battle Creek, Michigan. At that time, he enrolled her in the Defense Enrollment Eligibility Reporting System (DEERS), got her an identification card, and completed a DD Form 2656-6 adding her to his RCSBP/SBP. When he completed his retirement packet, he again named his wife for survivor benefits. He became entitled to retired pay on 27 April 2013. b. In early 2015, he noticed that his Leave and Earnings Statement only showed money being taken out for RCSBP for his children. He contacted the Defense Finance and Accounting Service and was told it did not have his DD Form 2656-6 and the DD Form 2656 he filled out for his retirement packet did not make his wife an SBP beneficiary. He served almost twenty-four years and had always assumed his surviving wife would receive some of his retirement pay. He feels he did not receive quality counseling. If his wife could be enrolled in SBP, he would pay all monies required from the time he began collecting his retirement pay. 2. The applicant provides: a. A “Statement to Accompany DD Form 149” as captured in paragraph 1 above. b. A DD Form 1883, dated 3 December 1997, showing he was unmarried and had two dependent daughters, then thirteen and ten years of age. He elected full immediate children only RCSBP coverage. c. A DD Form 2656-6, dated 24 April 2008, in which applicant attempted to add his new spouse to his existing RCSBP/SBP coverage. The date of his marriage is entered on the form as 26 March 2008. d. A DD Form 2656, dated 28 January 2013, submitted in conjunction with his application for retired pay. Applicant indicated he did not have dependent children and elected spouse only SBP coverage. 3. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserve on 4 March 1976 and in the Regular Army on 14 June 1976. b. He was issued a “Notification of Eligibility for Retired Pay at Age 60” (20-Year Letter) on 9 April 1997. c. On 3 December 1997, he elected full immediate children only coverage under RCSBP. d. An Integrated Web Services (IWS) entry, dated 4 April 2008, reflects he called requesting an “SBP change form.” He was referred to the Human Resources Command website to download a DD Form 2656-6 and “include a divorce and marriage certificate to forward to PAP-T.” e. The record is void of evidence showing applicant provided a copy of his divorce decree and attendant property settlement. f. Orders C02-391178 directed applicant be placed on the Retired List effective 27 April 2013. 4. By law, Soldiers who complete twenty or more years of service are issued a 20- Year Letter informing them of their retirement eligibility. They are offered the opportunity to enroll in the Reserve Component Survivor Benefit Plan (RCSBP). The law in effect at the time required the Soldier to make an election and return the enrollment form within 90 days of receipt of their letter. A Soldier could choose to delay making an election until reaching age 60, elect coverage that would pay an SBP annuity effective on what would have been his 60th birthday in the event he died before that time, or elect coverage that would pay an annuity immediately upon his death if before age sixty or after. 5. By law, a newly acquired spouse must be enrolled in RCSBP/SBP at any point before a couple’s one year anniversary. The new spouse only becomes an eligible beneficiary under SBP once the marriage survives the one year mark. If the retiree dies prior to the one year anniversary the spouse, though enrolled, is ineligible to receive an annuity. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, the Board agreed that the applicant made an attempt to add his new spouse for SBP coverage, within one-year of their marriage. The Board also noted that the applicant is willing to pay all back payments from the day he received his retirement pay for spousal coverage. The Board agreed the record should be corrected to show the election was made and approved in a timely manner to be in accordance with public law. 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 made a timely written request to electing to add his spouse to his SBP coverage within one year of their marriage on 26 March 2008, and that the election was accepted, processed, and approved in a timely manner. 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. Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Component members who qualified for Reserve retirement, but were not yet age 60 and eligible to participate in the Survivor Benefit Plan (SBP), to provide an annuity for their survivors should they die before reaching age 60. Three options were available: * Option A – elect to decline enrollment and choose at age 60 whether to start SBP participation * Option 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 * Option C – elect that a beneficiary receive an annuity immediately upon their death if before age 60 Once a member elects either option B or option C in any category of coverage, that election is irrevocable. Option B and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in the Reserve Component Survivor Benefit Plan (RCSBP) - the options automatically roll into SBP coverage. If RCSBP Option B or C is elected, there is a Reservist Portion cost added to the basic cost of the SBP to cover the additional benefit and assured protection should the member have died prior to age 60. 2. Title 10, USC, section 1448a (5) (A) and (B) state, in relevant part, that a person who is not married upon becoming eligible to participate in RCSBP/SBP, but who later marries may elect to participate in the Plan. 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) AR20170002090 4 1