IN THE CASE OF:  

		BOARD DATE:  3 January 2020

		DOCKET NUMBER:  AR20180004163


APPLICANT REQUESTS: to change his Survivor’s Benefit Plan (SBP) beneficiary from 
his spouse to his daughter.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Retirement Orders
*	Installation Clearance Record
*	Summary of Retired Pay
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	DD Form 2656 (Data for Payment of Retired Personnel)

FACTS:

1.  The applicant states, he was medically retired on 3 November 2017, due to post 
traumatic stress disorder (PTSD), and traumatic brain injury (TBI).  He had over 60 days 
of leave saved up when he received his retirement orders, which was three days before 
his terminal leave should have started.  Because his orders were late getting to him, he 
had to change his terminal leave request with his unit, Brigade, then turn in a copy to 
the retirement services officer (RSO) which backed up their process.  He has tried 
working through the nearest Retirement Services Offices, contacted DFAS several 
times via phone and mail correspondence since December to no avail, this is his final 
option.  He thinks his documents were pushed through the verification process and 
things were missed which were no fault of his own.

2.  The applicant provides:

	a.  Retirement, dated 21 August 2017, which reflects that the applicant was retired 
on 2 November 2017.
	b.  Installation Clearance Record, dated 31 August 2017.

	c.  Summary of Retired Pay, dated 22 November 2017, which states that the 
applicant received a 50% disability rating for 17 years, 5 months and 22 days of service.

	d.  DD Form 214, dated 2 November 2017, which reflects that the applicant was 
honorably retired under the provision of Army Regulation 635-40 (Personnel 
Separations – Physical Evaluation for Retention, Retirement, or Separation) for 
disability, temporary (enhanced).

	e.  DD Form 2656, dated 15 September 2017, reflects in:

*	Section V (Designation of Beneficiaries for Unpaid Retired Pay), item 13a, 
(Name), Z__, B__, 13d (Relationship), Spouse, 13e (Share), 100%

*	Section IX (SBP Election), item 26 (Beneficiary Category), he elected  
item “c” (Coverage for Children Only, and he does have a spouse)

3.  A review of the applicant’s service record shows:

	a.  He enlisted on 26 July 1994 in the Regular Army (RA).

	b.  He was honorably released from active duty (REFRAD) on 25 July 1997, under 
the provision of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) 
for completion of required active service.

	c.  He subsequently enlisted in the United States Army Reserve (USAR), and was 
ordered to active duty on 25 January 2003.  He was honorably REFRAD on  
28 April 2004 under the provision of AR 635-200 for completion of required active 
service.

	d.  On 21 August 2017, he received for retirement, placing him on the temporary 
disabled retired list (TDRL), effective 2 November 2017.

	e.  On 2 November 2017, he was honorably retired under the provision of Army 
Regulation 635-40 for disability, temporary (enhanced).

	f.  On 28 May 2019, he was removed from the TDRL and placed on the Permanent 
retired list with 70% disability.

	g.  His DD Form 2656 shows he elected “children only” SBP coverage and his 
spouse concurred with his decision. 

4.  By law, Title 10, U. S. Code, section 1447(11) defines “dependent child” as a person 
who is (1) unmarried; and (2) who is under 18 years of age, or at least 18 but under 22 
years of age and pursuing a full-time course of study in a high school, college, or 
comparable recognized educational institution, or is incapable of self-support because 
of a mental or physical incapacity existing before the person’s 18th birthday or incurred 
on or after the 18th birthday but before the 22d birthday while pursuing a full time 
course of study or training; and (3), who is the child of a person to whom the Plan 
applies, including an adopted child, a step or foster child, or a recognized natural child 
who lived with that person in a regular parent-child relationship.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  Based upon the 
preponderance of the evidence, the Board agreed that the applicant made a valid and 
proper election for “child(ren) only” SBP coverage with spousal concurrence.  The 
Board agreed the record should be corrected to show the election was made and 
approved in a timely manner to be in accordance with public law.  


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 that the evidence presented was 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 by showing he properly 
elected SBP coverage for “child(ren) only” on 15 September 2017 with proper spousal 
concurrence, and his election was received and processed in a timely manner by the 
appropriate DFAS office.  Such relief should result in the repayment of any back 
premiums to the applicant as a result of the correction.  


		  
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, establishes 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 (with his spouse’s concurrence) not to participate in the Plan before the 
first day for which he is eligible for that pay.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180004163


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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