ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2019 DOCKET NUMBER: AR20170003196 APPLICANT REQUESTS: to add his spouse to his Reserve Component Survivor Benefit Plan (RCSBP) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate) FACTS: 1. The applicant, on his application and in a self-authored letter, states: * he is requesting a change in his RCSBP to add his spouse to plan option C full coverage * his current election is option C full coverage child only * he and his wife attended a pre-retirement brief * they learned a great deal from the brief * much of the information they received was new to them and different then what he was counselled on previously * he received his 20 year letter in 2004 from the Army National Guard (AARNG) * he was an infantry battalion commander preparing for unit deployment * the focus of the entire AARNG was on preparing and deploying Soldiers for the Global War on Terror * he deployed in 2005 and was on active duty to early 2008 * when he returned from deployment he was promoted to Colonel * he transferred from the Army National Guard (ARNG) to the Individual Ready Reserve (IRR) Retired * he spent 5 years in the IRR * the retirement brief he received was not anything close to complete compared to the one he attended with his wife * his brief was a short overview which did not go into much detail about retirement options or SBP rules * when he attended his briefing he was not married and his major concern was that his two sons be financially taken care of in the event that he met his demise while deployed * someone in his brief asked he they could change their election at a later date * the answer was you could change your election when you applied for retired pay at age 50 * he thought he could not add his wife until that time * at the brief he went to with his wife they were informed he could not change his RCSBP because the option he selected in 2004 was permanent * the information he received that he could change his selection prior to collecting his retirement was also wrong * he and his wife were married in 2009 while he was in the IRR * the unit he was in had no administrative support and all administrative issues were the responsibility of the Soldier * he had no idea he could not change his RCSBP until he went to the briefing * the briefer recommended he contact the Army Board for Correction of Military Records (ABCMR) to request change to his RCSBP to reflect his desires 2. The applicant completed his DD Form 2656-5 (Reserve Component Survivor Benefit Plan Election Certificate) on 4 December 2004. At the time, he selected Option C immediate annuity for his children only based on his full retired pay. 3. At the time of his election, he was not married. The applicant and his spouse were married on 20 September 2009. He now is requesting to change his RCSBP to reflect Option C immediate coverage for his spouse and children based on his full retired pay. The applicant's date of birth is . 4. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married when they are eligible to elect SBP benefits and later becomes married may elect to participate in SBP upon their marriage. They have one year after the date of marriage to make an election. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. In 2004, when the applicant got his 20-year letter, he elected child-only coverage of SBP because he was not married at the time. In 2009, the applicant remarried, but was unaware of the rule to elect SBP coverage within one year, thinking he could only change it at age 60, per information from past retirement briefing. The Board found the applicant’s statement compelling that had he known of the option to add spousal coverage within one year of marriage, the applicant would have made the election. In this case, the board found that the applicant always intended to cover his dependents, as he had chosen child coverage after receiving his 20-year letter. Therefore, the Board found sufficient evidence to grant relief. 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 he submitted an SBP election certificate (DD Form 2656-6) to add spouse RCSBP coverage within one year of the marriage – i.e., one year of 20 September 2009 and the request was received and processed by the appropriate office 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, 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. 2. Title 10, U. S. Code, 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) AR20170003196 4