ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 July 2020 DOCKET NUMBER: AR20180005937 APPLICANT REQUESTS: correction of her DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate) to show she elected Option A (I Decline to Make an Election until Age 60). 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) * Memorandum, Department of Military and Veterans Affairs, Commonwealth of, dated 13 February 2009, subject: Reduced Retirement Age for Reserve Component Soldiers Based on Active Duty Performance * Memorandum, Department of Military and Veterans Affairs, Commonwealth of, dated 22 May 2009, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * DD Forms 2656-5, dated 11 June 2009 * DD Form 2656-6 (SBP Election Change Certificate), dated 21 December 2016 * Letter, Department of Military and Veterans Affairs, Commonwealth of, dated 10 January 2017 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 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 92-425, the Survivor Benefit Plan (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. A person who is not married and does not have a dependent child upon becoming eligible to participate in the SBP may elect to provide an annuity to a natural person with an insurable interest in the member. The term "dependent child" means a person who is unmarried; is under 18 years of age or at least 18 but under 22 years of age and pursuing a full-time course 1 of study in a high school, college, or comparable recognized educational institution; is incapable of self-support because of a mental or physical incapacity existing before the person's 18th birthday; or is the child of a person to whom the SBP applies, including an adoptive child, a step or foster child, or a recognized natural child who lived with that person in a regular parent-child relationship. Premiums for insurable interest coverage are generally higher than for any other category of coverage. 3. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who 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 Survivor Benefit Plan (SBP) participation, (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment until the date of the member's 60th birthday, and (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Once a member elects either Option B or C in any category of coverage, that election is irrevocable. Option B and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in RCSBP, and RCSBP coverage automatically converts to SBP coverage upon retirement. 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 ABCMR conducted a substantive review of this caseG and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she received her Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) packet on 22 May 2009. She chose Option A to decline to make an SBP election until age 60 on her DD Form 2656-5. A service member in her unit reviewed her form asked her to add her son's name to Section VI (Insurable Interest Coverage) since he was her only family member. She recently realized it appears Option A was obliterated and Option C (Immediate Annuity) was checked. This was not her original intent nor was she counselled properly by her unit. Option C was checked without her knowledge/approval. Block 13 (Type of Coverage) of her DD Form 2656-5 was changed and differs from the original document. She is submitting the original DD Form 2656-5 to show where correction fluid was used to change the option. 3. She was serving on active duty in the Army National Guard in an Active Guard Reserve status when she received her Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 22 May 2009. 4. She provided a copy of her DD Form 2656-5, which she referred to as the original, dated 11 June 2009. Her signature was witnessed. This DD Form 2656-5 shows in: * Section II (Marital/Dependency Status), she indicated she was not married and had no dependent children * item 12, Option A was masked by correction fluid and Option C is marked * item 13, "Child(ren) Only" is marked * Section VI, her son's information 5. Her Army Military Human Resource Record contains her DD Form 2656-5, which she referred to as the altered copy, dated 11 June 2009. This DD Form 2656-5 shows in: * Section II (Marital/Dependency Status), she indicated she was not married and had no dependent children * item 12, Option A was masked by correction fluid and Option C is marked * item 13, "Child(ren) Only" was masked by correction fluid and "Natural Person with an Insurable Interest" is marked * Section VI, her son's information 6. Her DD Form 2656-6, dated 21 December 2016, shows she requested suspension of her insurable interest coverage. Her signature was witnessed by the Retirement Services Coordinator, Fort Indiantown Gap, PA. 7. The letter from the Pennsylvania Army National Guard Retirement Services Coordinator, dated 10 January 2017, states the applicant came to the Retirement Services Office on 19 December 2016 to address retirement planning. After looking at her DD Form 2656-5, it was noticed that the form was incorrectly completed reflecting an option for children only in Section IV, block 13, along with information in Section V reflecting insurable interest. Further review showed an election was made to decline making an election until age 60 but had been masked by correction fluid. Using the U.S. Army Human Resources Command database, the Retirement Services Office discovered that an entirely different document was submitted to the U.S. Army Human Resources Command, which reflects type of coverage being changed to insurable interest in Section IV, block 13, and the children-only election being masked by correction fluid. The Retirement Services Office believes the applicant was not properly counseled and was changed without her knowledge when the document was later reviewed. 8. U.S. Army Human Resources Command Orders C12-999650, dated 26 December 2019, retired her and placed her on the Retired List effective 1 November 2019. 9. The Defense Finance and Accounting Service email, dated 24 January 2020, states the applicant submitted a retirement packet and is currently being processed. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. A preponderance of the evidence supports granting the request. The Board found that an administrative irregularity exists in that applicant’s original choice for “Option A” (declination of election until age 60) in Section IV, line 12, of the DD Form 2656-5, dated 11 June 2009, was whited out. The Board found that the applicant’s record should be corrected to reflect that the applicant actually chose “Option A,” to decline SBP coverage until age 60. 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 she properly chose “Option A” (declination of election until age 60) in Section IV, line 12, of the DD Form 2656-5, dated 11 June 2009 and her election was received and processed in a timely manner by the appropriate DFAS office. Such relief should result in the repayment of any previously paid SBP premiums. 8/10/2020 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. //NOTHING FOLLOWS//