ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 March 2020 DOCKET NUMBER: AR20180003209 APPLICANT REQUESTS: * participation in the Reserve Component Survivors Benefit Plan (RCSBP) * to name her husband and step-children as the beneficiaries APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * RCSBP Election Certificate * SBP Election Change Certificate * 20 year letter * marriage license * step-children's birth certificates FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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, in her two applications, states: * she requests to elect RCSBP for spouse and children * when she received her 20 year letter on 28 April 2011, she was not married * she did not make an election * she got married on 25 September 2013 and has two step-children who are in the Defense Enrollment Eligibility System (DEERS) * neither she nor her husband were aware that a DD Form 2656-6 had to be submitted within one year of marriage * the 20 year letter states that the default is spouse and child for married Soldiers * it is unclear about the procedures for Soldiers that get married after they receive their 20 year letter * since she was not married or engaged, she was not familiar with the process or the election form * declining coverage requires a spouse's notarized signature, the implication is that all cases default to spouse and child as long as DEERS is updated * they just found out about the error during a pre-retirement brief on 6 January 2018 * they respectfully request to be able to submit for RCSBP * prior to the retirement brief she was told spouse and child were the default category and no selection was required as long as the individuals were in DEERS 3. The applicant's service records are void of a DD Form 1883 (SBP Election Certificate). 4. The applicant provides the following documents for the Board's consideration: a. Pages 1 and 3 of a DD Form 2656-5 (RCSBP Election Certificate), dated 13 February 2018, which shows: * the applicant's date of birth is * she is married and placed her husband's name on the form * she has a step-son and a step daughter b. A DD Form 2656-6 (SBP Election Change Certificate), dated 9 January 2018, which shows: * her current coverage was spouse and child * she's requesting a change in coverage due to marriage and acquiring a dependent child * her requested change is coverage is for spouse and children based on her full retired pay c. A memorandum from Army Human Resources Command, dated 28 April 2011, subject Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), which states: * effective 30 October 2000, a married Soldier will automatically be enrolled in the RCSBP under Option C, spouse and children coverage based on full retired pay * if spouse concurrence is provided with a notary the Soldier may be allowed to elect Option A (defer until age 60) or Option B (enroll now with annuity paid when the Soldier would have been 60) * she had 90 days from the date of the letter to make an election * failure to make an election would automatically enroll her for spouse and children coverage d. A State of Marriage License and Certificate, showing the applicant was married on . e. Her step-children's birth certificates showing one was born on and the other on . 5. See below for applicable references. 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, her record of service, the 20-year letter, the applicant’s marital status at the time of receipt of the letter, her subsequent marriage and request for adding her spouse and step-children as SBP beneficiaries. The Board considered the date of the applicant’s marriage and the absence of a request to add spouse and children within one year of marriage. The Board considered the date that her request was completed. Two Board members found sufficient evidence to support the applicant not knowing when to add new dependents to SBP; one member found that the applicant can add her dependents as SBP beneficiaries when she turns age 60. Based on a preponderance of evidence, the Board majority determined that a correction to the applicant’s RCSBP election was warranted. 2. After reviewing the application and all supporting documents, the Board majority 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: 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 as follows: - Show the applicant completed a DD Form 2656-5 (RCSBP Election Certificate) making an election to add her spouse and children as beneficiaries within one year of her 25 September 2013 marriage; - Her request was accepted and processed by an appropriate authority, and; - Her spouse and children are her SBP beneficiaries effective the date of the change to her election. 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. REFERENCE: 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 Army Board for Correction of Military Records (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 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (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; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 3. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married when they are eligible to elect SBP benefits and later becomes married may elect to participate in SBP upon their marriage. They have one year after the date of marriage to make an election. ABCMR Record of Proceedings (cont) AR20180003209 4