ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 July 2019

	DOCKET NUMBER:  AR20170012799


APPLICANT REQUESTS:  his wife be added to the Survivor Benefit Plan (SBP)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* A self-authored statement
* Miscellaneous documents

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 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 believes he made an error when he failed to designate his wife as a survivor after they married in April 1984.  He retired for disability in October 1970, after serving in Vietnam and being severely injured.  He was single at the time and went to work for a previous employer.  Except for treatment of his combat-related health issues, he used his private health insurance.  

     b.  He married his wife, X__, on 28 April 1984.  They had two sons together and continued to use his private health insurance until he retired from work in 2012.  He never investigated his benefits from the Army, specifically TRICARE.  When he finally checked his benefits, his wife started using TRICARE.  He is now concerned that because of his error of not designating or enrolling in SBP she will be left with no coverage from TRICARE.         

3.  The applicant provides:

     a.  A self-authored letter as captured above.

     b.  A DD Form 363A (Certificate of Retirement from the Armed Forces of the United States of America), dated 1 October 1971 showing he was honorably retired in the rank of specialist four (SP4).  

     c.  A certificate showing he was awarded the Purple Heart on 13 June 1969 for wounds received in action the previous day. 

     d.  A Certificate of Marriage showing he and his wife, X__, were married in the State of Maryland on 28 April 1984.  It also shows that he had not been married previously.   

     e.  A Retiree Account Statement (RAS) with an effective date of 3 December 2015.  Under the “Survivor Benefit Plan (SBP) Coverage” section of the RAS, applicant drew an arrow to the notation “No SBP election is reflected on your account” and indicated it is what prompted him to call today.

     f.  A letter from applicant to the Defense Finance and Accounting Service (DFAS), dated 17 February 2016, asking that his wife and sons be added to his record.

     g.  A letter from DFAS to the applicant, dated 18 March 2016.  The letter acknowledges receipt of his letter and seeks additional information from him so that his SBP request can be processed.  Applicant wrote some of the requested information down in the spaces provided on the form.

     h.  A partially completed DD Form 2894 (Designation of Beneficiary Information) listing his wife, X__, as his beneficiary for arrears of pay.

4.  A review of the applicant’s service record shows he was inducted into the Army of the United States on 6 December 1968 and honorably retired for disability on               16 October 1970 in the rank of SP4 according to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  By law, a newly acquired spouse must be enrolled in 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. 

6.  Eligibility for TRICARE, the health care program for uniformed service members, retirees, and their families, is unrelated to enrollment in SBP.  For information regarding TRICARE, applicant is encouraged to contact TRICARE at www.tricare.mil.          


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  The applicant was already retired when he and his spouse married.  Public law requires SBP elections within one-year of the effective date of marriage; however, his record is avoid of evidence showing he elected or attempted to elect spousal SBP coverage within the required time frame.  Based upon the evidence of record, the Board determined there was no error or injustice in this case.  The applicant is advised to remain aware of potential SBP open seasons allowing former members to elect SBP coverage and make catch-up payments.

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, 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 Records (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, applies the SBP.  It essentially states, in pertinent part, that eligible participants include persons entitled to retired pay and persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.  A standard annuity participant is a person who is entitled to retired pay and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects not to participate.  A person who is not married or has no dependent child upon becoming eligible to participate in the Plan but who later marries or acquires a dependent child 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 or acquires that dependent child.  The election is effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012799


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