ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20170006063 APPLICANT REQUESTS: to elect Survivor Benefit Plan (SBP) coverage for his new spouse. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Application, License, and Certificate of Marriage * Veteran Administration (VA) Declaration of Status of Dependents FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 desires to add his new spouse, X___ X___ to his SBP. He explains he submitted documents to the VA and they were not properly processed. 3. The applicant provides: a. Application, License, and Certificate of Marriage from the State of North Carolina, which certified on 26 November 2012, the applicant and X___ X___ were married. b. Veteran Administration (VA) Declaration of Status of Dependents, dated 25 February 2013, stated the applicant updated his marital status to ‘married’ and listed his new spouse, X___ X___ as his dependent. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) and entered active duty on 22 February 1965. He served on active duty and on 2 February 1968 he was honorably discharged. b. On 27 September 1977, he entered active duty. He was honorably discharged on 30 July 1992 and continued his military service in the USAR. c. He received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter) on 7 November 2001. d. On 17 September 2003, his spouse, X___ X___, of 14 years died. e. On 2 August 2004, he completed and signed DD Form 2656, which shows in: * block 13 (designation of beneficiaries for unpaid retired pay): X__ X__ (son) * block 14 (marital status): single * block 26 (beneficiary category): I elect coverage for children only * block 27 (level of coverage): I elect coverage based on full gross pay plus supplemental coverage of 5% 5. On 6 August 2006, he was placed on the Retired List. 6. 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 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. By not submitting an RCSBP election when he/she received his/her 20-Year Letter, a Reserve Component Soldier effectively deferred his/her election until age 60 when he/she applies for retired pay. 7. By law, a spouse becomes an eligible spouse beneficiary under SBP upon the one year anniversary of marriage and, if so eligible, becomes entitled to the spouse annuity upon the death of the retired Soldier. 8. By law, reserve component annuity elections are irrevocable if not revoked before the end of the 90-day period in which he was notified of completion of the years of service required for eligibility for reserve component retired pay. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. Based upon the documentary evidence provided by the applicant and found within in the military service record, the Board concluded that the applicant failed to provide documentation in support of his request. In addition, he did not meet public law guidance to make an election within one year of marriage to X__ X__. For that reason, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s record. 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, U.S. Code (USC), section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Record (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, USC, section 1448, establishes the SBP. It essentially states, in pertinent part, that eligible participants include persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age. Section 1148(a)(5), provides that a person who is not married and has no dependent child upon becoming eligible to participate in the SBP but who later marries or acquires a dependent child 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 1 year after the date on which that person marries or acquires that dependent child. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170006063 3 1