IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20170009779 APPLICANT REQUESTS: Correction of his record to show his spouse was enrolled in the Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Divorce decree, dated 17 February 2005 * Memorandum, Subject: Notification of Eligibility for Retied Pay at Age 60 (20-Year Letter), dated 26 February 2009 * Orders Number 10-250-00058, dated 7 September 2010 * Marriage certificate, dated 1 December 2012 * Pre-retirement training brief sign-in roster, dated 1 April 2017 * DD Form 2656-6 (SBP Election Change Certificate), dated 19 April 2017 * Soldier Management System (SMS) web transaction list FACTS: 1. The applicant states: a. He was not counseled concerning his RCSBP coverage or given the opportunity to attend a retirement brief during his military career in the Army Reserves thus his DD Form 2656-6 was disapproved to change current "Child Only" coverage to "Spouse and Child(ren)" because it was not submitted within one year of his marriage. b. He received his 20-Year Letter at the end of February 2009. He did not elect to send in the DD Form 2656·5 (RCSBP Election Certificate) that accompanied the letter because in the letter it stated that it would default to Option C if he did not send in the form. He would want to take care of his family if something would happen to him. He did not have a spouse at this time because he was divorced. He transferred into the Retired Reserve in September 2010. He was not counseled concerning his RCSBP coverage or given the opportunity to attend a retirement brief during his military career in the Army Reserves. He married his spouse on 1 December 2012. They added each other to the Defense Enrollment Eligibility Reporting System (DEERS) in January 2013. At this time, he indicated he was in the Retired Reserve and he was not counseled at that time about sending in a DD Form 2656-6 in order to change his current coverage even though he was adding a spouse to DEERS. On 1 April 2017, he attended a Pre- retirement brief held by the 88th Regional Support Command (RSC) and was properly counseled on the RCSBP process as well as given other valuable information. He sent a DD Form 2656-6 on 19 May 2017 to usarmy.knox.hrc.mbx.tagd-retirementapplication- request@mail.mil. He found out on 7 June 2017, his records indicate that "Service Member cannot add spouse failed to do it with in a year of marriage." He would like this decision to be reconsidered and allow him to add his spouse to his RCSBP coverage. 2. A review of the applicant’s official records show the following on: a. On 25 January 1989, the applicant enlisted in the U.S. Army Reserve and served in various positions. b. On 26 February 2009, the U.S. Army Human Resources Command (HRC), St. Louis, MO, issued the a 20-Year Letter, which informed him he was entitled to participate in the RCSBP in accordance with Public Law 95-397, and in accordance with Public Law 106-398 a Reserve Component member, who is married, would automatically be enrolled in the RCSBP under Option C, Spouse and Child(ren) coverage. c. On 26 August 2010, Orders Number 10-238-00017, issued by Headquarters, 88th RSC, reassigned the applicant to the Retired Reserve effective 24 September 2010. d. The applicant’s records are void of any RCSBP election documents. 3. The applicant provides: * Divorce decree showing the applicant and were divorced on 17 February 2005, and it is silent in regards to the RCSBP * Orders Number 10-250-00058, issued by 88th RSC, reassigned the applicant to the Retired Reserve effective 7 September 2010 * Marriage Certificate showing the applicant married on 1 December 2012 * Pre-retirement briefing sign in sheet indicating he attended the briefing with his spouse * DD Form 2656-6 showing the applicant’s current SBP election coverage was “child only” and he was requesting a change to “spouse and child” coverage based on his marriage (the applicant’s children were aged out at the time he submitted his application) * SMS web page showing his request to add his spouse was denied for not being added within one year of marriage 4. See applicable SBP laws below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his marital status at the time of retirement, the default RCSBP coverage, his subsequent marriage and the reason for denial of his request to add his spouse. The Board considered the submission of his request following a retirement briefing. Based on a preponderance of evidence, the Board determined that it was the applicant’s intent for his spouse to be covered by RCSBP and it would be unjust to deny him that opportunity. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 submitted a request to add his spouse to his RCSBP prior to the one-year anniversary of their marriage (prior to 1 December 2013); - That his request was accepted and processed by an appropriate authority, and; - That his spouse is shown as beneficiary for his SBP annuity. 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 RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and eligible to participate in 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 2. Public Law 106-398, enacted 30 October 2000, fundamentally changed the RCSBP program. It required written spousal consent for a Reserve service member to be able to delay making an RCSBP election until age 60. The law is applicable to cases where 20-year letters have been issued after 1 January 2001. In other words, failure to elect an option now results in the default election of full immediate coverage under option C for spouse and child(ren). This coverage then rolls into SBP coverage when the member becomes eligible to receive retired pay. 3. Title 10, USC, section 1448(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) AR20170009779 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1