ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  25 October 2019

		DOCKET NUMBER:  AR20180000409


APPLICANT REQUESTS:  in effect, correction of his DD Form 2656 (Data for Payment 
of Retired Personnel) to show his current wife as the eligible beneficiary for his Survivor 
Benefit Plan (SBP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Self-authored Statement, dated 24 October 2017
*	State of Office of Register of Deeds, 
Application, License, and Certificate of Marriage, dated 20 April 2007
*	DD Form 2656-6 (SBP Election Change Certificate), dated 24 October 2017

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, 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:

	a.  He and many other Soldiers received counselling by the installation Retirement 
Services Office at Fort Bragg, NC, prior to retirement.

	b.  His enrollment in the SBP was with his then-spouse with only the knowledge that 
she would receive 55 percent of his benefits if anything were to happen to him.

	c.  He later divorced and changed his SBP election to child-only coverage for his 
youngest son in 2006.

	d.  He remarried in 2007 and did not change his SBP election to add his new 
spouse.

	e.  He later spoke to a counselor about removing his son as the SBP beneficiary and 
adding his current spouse and was informed that he missed the deadline for making 
changes to his election.

	f.  The time limit for adding a new spouse as the recipient of his SBP annuity was not 
fully explained at the time of his retirement.

3.  The applicant's records show he applied for voluntary retirement on 11 August 1997 
and indicated his desired retirement date was 1 April 1998.

4.  His DD Form 2656, dated 28 December 1997, shows:

	a.  in Section VII (Survivor Benefit Plan Election), block 28 (Beneficiary Category), 
he elected coverage for spouse and children; and

	b.  in Section VII, block 29 (Level of Coverage), he elected coverage based on full 
gross retired pay.

5.  He retired on 31 March 1998 and he was placed on the Retired List effective 1 April 
1998.

6.  On 11 October 2005, he notified the Defense Finance and Accounting Service that 
he and his former spouse, , divorced on 15 August 2005 and requested termination of 
SBP spouse coverage.  The Defense Finance and Accounting Service suspended his 
SBP spouse coverage effective 15 August 2005.

7.  He provided a copy of his marriage certificate, dated 20 April 2007, showing he 
married his current spouse, , on 15 April 2007.

8.  He provided a DD Form 2656-6, dated 24 October 2017, showing:

	a.  in Section II (Current Coverage), block 7 (My Current Coverage is), he checked 
"Child Only";

	b.  in Section IV (Requested Change to Coverage), block 9 (Place an X in the 
Appropriate Box to Indicate Your Election), he checked "Spouse Only";

	c.  in Section V (Level of Coverage), he checked "Full Retired Pay"; and

	d.  in block 14, he signed the form on 24 October 2017 and his signature was 
notarized the same date.

9.  Absent affirmative action, previously elected spouse SBP coverage automatically 
resumes upon the first anniversary of the subsequent marriage.  Premiums are owed 
from that point.  The election for child coverage is irrevocable.

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 SBP election at retirement, his subsequent divorce, the applicant’s 
notification to DFAS, the suspension of spouse coverage (and premium payments) 
effective 15 Aug 05, his remarriage and request for another change in his SBP election.  
The Board found that his election for child coverage remains in effect until children are 
no longer eligible and that the previously elected spouse coverage resumed upon the 
first anniversary of a subsequent marriage.  Based on a preponderance of evidence, the 
Board determined that a correction to his SBP election was appropriate.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected as follows:

*	Show the applicant submitted a change to his SBP that restored suspended 
Spouse Coverage (and premiums) one year after the date of his remarriage on 
15 April 2007;
*	That this change was processed by appropriate authorities, and;
*	That his current spouse is shown as beneficiary for the annuity effective the date 
of the change.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to revocation of SBP Child coverage.



.  
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.

ADMINISTRATIVE NOTE(S):  not applicable.

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure 
to timely file within the 3-year statute of limitations if the ABCMR determines it would be 
in the interest of justice to do so.

2.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military 
members on active duty could elect to have their retired pay reduced to provide for an 
annuity after death to surviving dependents.  An election, once made, was irrevocable 
except in certain circumstances.

3.  Public Law 99-145, enacted 8 November 1985, permitted a previously participating 
retiree upon remarriage to elect not to resume spouse coverage or to increase reduced 
coverage for the latter spouse (requiring a payback with interest of SBP premiums prior 
to first anniversary of remarriage).  Changes must be made prior to the first anniversary 
of remarriage or the previously suspended coverage resumes by default on the first day 
of the month following the first anniversary of the remarriage, with costs owed from that 
date.
ABCMR Record of Proceedings (cont)	AR20180000409


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