ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE : BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20180001891 APPLICANT REQUESTS: to change his beneficiary for his Survivors Benefit Plan (SBP) from his former spouse to his current spouse. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .self-authored letter to his Congresswoman .self-authored letter to Defense Finance and Accounting Services (DFAS) .DD Form 2656-6 (SBP Election Change Certificate) .Retiree Account Statement .Divorce Decree .excerpt from Army Regulation 600-8-7 .DD form 2656 (Date for Payment of Retired Personnel) .SBP Election Statement for Former Spouse Coverage .Certificate of Marriage .Retirement Orders FACTS: 1.The applicant states he would like to change his SBP from his former spouse to hiscurrent spouse. He previously contacted DFAS with the request and was told to file anappeal for correction of his military record. His former spouse did not complete therequired documentation to receive SBP coverage. Per Federal Law the former spouseis required to request SBP coverage within one year from the divorce date. 2.The applicant provides a self-authored letter to the Board, dated 29 January 2018,which states: a.At the time he originally elected the SBP he was divorced and single. In order toout-process the Retirement Services Office (RSO), he had to complete the Former Spouse Coverage form based on his divorce decree, dated 10 October 2016. He remarried on 28 July 2017. He returned to the RSO to update his SBP Coverage in August 2017 prior to his transition leave. Because the divorce decree had not been over a year from the effective date of the divorce the RSO said he had to fill out an updated Former Spouse Coverage SBP form and his current spouse had to sign it in order to complete his status update. His current spouse and he were not given the option to decline former spouse coverage. The RSO stated the SBP would not be finalized until the former spouse completes her requirement no later than 16 October 2017. The RSO also stated if his former spouse failed to complete her request within a year of the divorce decree, he could change the SBP coverage to his current spouse. b.On 13 November 2017, the applicant contacted DFAS and a representativestated his former spouse had not completed any forms requesting support payment or SBP coverage. In accordance with his divorce decree, and Army Regulation 600-8-7, both parties must elect SBP coverage not later than 1 year after entry of the decree of dissolution and having the court award SBP again does not extend the former spouse's 1 year limitation to claim the former spouse SBP. DFAS stated his former spouse had not applied for any benefits within the period of 10 October 2016 through 10 October 2017. Based on that information, he submitted the documents the DFAS representative requested for the change in his SBP coverage. On 9 January 2018, DFAS stated they could not change the SBP coverage because of the previous forms submitted by the RSO prior to his retirement date, even though his former spouse failed to adhere to the federal time requirements to elect SBP coverage. He was advised to forward his request to the Board. From what he understood, he had until one year after his marriage date to resolve the issue. 3.The applicant provides a self-authored letter to DFAS, dated 13 November 2017,which details the timeline he submitted in his self-authored letter to the Board. 4.The applicant provides the following additional documents for the Board'sconsideration: a.A DD Form 2656-6 (SBP Election Change Certificate), dated 13 November 2017,which shows: .the applicant's current SBP Coverage was former spouse .he is requesting to change his SBP to current spouse .he is requesting coverage for spouse only based on his full retired pay .the name of his current spouse and her date of birth of areincluded on the form b.His final divorce order, dated 10 October 2016 which states the applicant's formerspouse had been briefed on her rights concerning the SBP. The court ordered the applicant to designate his former spouse as his SBP beneficiary. The applicant and his former spouse understood under Federal Law the election of SBP coverage had to be made not later than one year after the decree of dissolution. c.An excerpt from Army Regulation 600-8-7 regarding the SBP. d.A DD Form 2656 (Data for Payment of Retired Personnel), dated 3 August 2017,which shows: .the applicant's current spouse's name in designation of beneficiaries forunpaid retired pay .the applicant elected coverage for his former spouse based on his full grosspay .the applicant and his current wife signed the form and it was notarized e.A SBP Election Statement for Former Spouse Coverage, which shows theapplicant's former spouse's birthdate as . f.A marriage certificate showing the applicant and his current spouse were marriedon 28 July 2017. g.Orders 024-0032, published by Directorate of Human Resources, MilitaryPersonnel Division, dated 24 January 2017, showing the applicant retired on 31 October 2017. 5.See applicable references below.BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records, regulatory requirements, and requirements of law. The Boardnoted the facts presented above. The Board found that the applicant's election was the result of divorce proceedings. Such elections are irrevocable absent a modified court order or agreement of the former spouse. The former spouses would only have needed to deem an election within one year of the divorce if the applicant failed or refused to make such an election. Based on a preponderance of evidence, the Board determinedthat there was no error or injustice in the applicant’s SBP Coverage for former spouse.2.After reviewing the application and all supporting documents, the Board found thatrelief is not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX 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. X CHAIRPERSON 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 92-425, enacted 21 September 1972, repealed the Retired Serviceman’s Family Protection Plan and established the SBP. The SBP 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. Surviving children are only entitled to SBP payments until reaching age 22 in certain cases. Changes in SBP options are not authorized except in specific instances, or authorized by law. 2. 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 else 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. 3. Public Law 98-525, enacted 19 October 1984, provided that a former spouse, if the member failed or refused to make an election, could request a deemed election within one year of the court order requiring SBP to be established on the former spouse’s behalf provided the member agreed to provide coverage. 4. Title 10, United States Code (U.S.C.), section 1450(f)(2) states that, a person who, incident to a proceeding of divorce, is required by court order to elect former spouse coverage, or who enters into a written agreement (whether voluntary or required by court order), to make such an election, may not change that election absent a modified court order or agreement from the former spouse. 5. Army Regulation 600-8-7 (Retirement Services Program), states for a former spouse to claim the former spouse SBP coverage, a divorce decree, or a subsequent court order such as a Qualified Domestic Relation Order, or property settlement order must specify that the former spouse has been awarded the SBP as marital property and the DD Form 2656-10 (Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request For Deemed Election) must be received by HRC Reserve Retirements Branch within 1 year of the first court order that addressed and awarded SBP. Having the court award SBP again does not extend the former spouse's I year limitation to claim the former spouse SBP. // NOTHING FOLLOWS //