ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20180005028 APPLICANT REQUESTS: his spouse be added to his Survivor Benefit Plan (SBP) coverage. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2656 (Survivor Benefit Election Change Certificate) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 states upon retirement on 1 August 1995, an error occurred on his DD Form 2656. His children were included in his SBP election; however, his spouse was not included. He requests a correction be made to include his spouse on his DD Form 2656. He states he has been trying to correct his DD Form 2656 since 2016. He contacted DFAS on several occasions regarding his SBP and was told to contact his congressman for open dates of enrollment. His congressman was no help. His office instructed him to contact DFAS. He and his spouse both understand the importance of SBP because their mothers are receiving it. He and his spouse looked at his military records to include his SBP after his mother received a letter from DFAS stating she owed over half a million dollars for monies she received for over twenty years because she was no longer eligible for SBP since the death of his father and his mother remarrying. 3. A review of the applicant’s records show: * 10 September 1976 – he married his spouse D L S * 27 July 1978 – he enlisted in the Regular Army (RA) * 21 April 1995 – he received orders 111-0005 instructing him his final appointment for his DD Form 214, SBP and finance will be issued to the transition brief * 23 June 1995 – he completed DD Form 2656 electing children only coverage * 31 July 1997 – he retired from the RA 4. The applicant provided a copy of his DD Form 2656 that shows the designation of beneficiaries for unpaid retired pay lists his spouse D L S with 100% share. He elected coverage for children only as beneficiary category and his level of coverage is based on full gross retirement pay. 5. See applicable SBP laws below. 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 25 April 1995 orders directing him to attend a Retirement Survivor Benefits Plan briefing, the DD Form 2656 executed in June 1995, prior to his retirement date, that shows his election of coverage for his children only while acknowledging he had a spouse at the time. The DD Form 2656 also shows his spouse’s concurrence with the election he made and the form was witnessed by a representative of the Retirement Services Office. The Board noted that by law an election, once made, was irrevocable except in certain circumstances. The Board found no evidence of an error as claimed by the applicant or evidence of circumstances that would support a change to election. Based on a preponderance of evidence, the Board determined there was no error or injustice requiring a correction to the applicant’s record. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X 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. 11/12/2019 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. An election, once made, was irrevocable except in certain circumstances. It declared a 12-month Open Season for those members who retired prior to enactment of the law. 3. Public Law 93-155, enacted 16 November 1973, extended that Open Season from 12 to 18 months (21 September 1972 – 20 March 1974). 4. Public Law 97-35, enacted 12 August 1981, established the second Open Season from 1 October 1981 – 30 September 1982. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity.