ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 June 2019

	DOCKET NUMBER:  AR20170019125


APPLICANT REQUESTS:  his new wife be enrolled in the Survivor Benefit Plan (SBP)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate)
* Marriage License

FACTS:

1.  The applicant states he sent his SBP form in to the Defense Finance and Accounting Service (DFAS) on 23 January 2017.  He called DFAS and was told they had all his paperwork and he just needed to send his marriage license.  He faxed it to them the next day.  Three months later, he realized that SBP premiums had not started coming out of his check, so he called DFAS.  He was told he did not have SBP.  Then he called back and was told by a lady that she had found all his stuff and in another phone call he was told that DFAS did not have his paperwork.  He needs this issue fixed.

2.  The applicant provides:

     a.  A DD Form 2656-6 showing that he requested to enroll his spouse in SBP based on his full retired pay.  He signed the form in the presence of a notary public on 23 January 2017.  

     b.  A marriage license issued by the State of Mississippi showing he married his current spouse on 31 May 2016.  
  
3.  A review of applicant’s service record shows:

     a.  A DD 214 (Certificate of Release or Discharge from Active Duty) showing that having had 3 years, 3 months, and 6 days, prior active service he reentered active duty on 20 May 1985.  He was honorably retired for length of service effective 1 March 2002.  

     b.  A DD Form 2656 (Data for Payment of Retired Personnel), dated 4 December 2001.  The form reflects that applicant was unmarried and had no dependent children.  He declined to participate in SBP.
  
     c.  A printout of Integrated Web Services (IWS) transactions pertaining to applicant.  The IWS transactions include four which reference applicant’s efforts to enroll his spouse in SBP prior to their first anniversary.

     d.  A VA Form 21-686c (Declaration of Status of Dependents) showing the applicant was unmarried at the time of his retirement and that his current spouse is the first spouse he acquired since that time.   

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the IWS Soldier Transaction List reflecting that the applicant submitted his election within the one year period after marriage, the Board concluded that by the preponderance of the evidence, it is apparent the that applicant should be permitted to add his current wife to his SBP benefits and the Board recommended granting the applicant’s request.

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 Army records of the individual concerned be corrected by amending the applicant’s record to reflect he added his current wife to his Survivor Benefit Plan within the one year period after marriage, and that all premiums due as a result of that election be recouped to bring the account current.
	 
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:

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.  




ABCMR Record of Proceedings (cont)	 AR20170019125




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