ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 March 2020

	DOCKET NUMBER:  AR20180012324

APPLICANT REQUESTS: 

*	add his current wife and step children as his additional beneficiaries to his 
Survivor Benefit Plan (SBP)
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	SBP Election Change Certificate
*	Leave and Earnings Statement (LES)
*	Retiree Account Statement
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Arrears of Pay Beneficiary Information
*	two Marriage Certificated

FACTS:

1.  The applicant states:

     a.  He requests his current wife and step children be added as beneficiaries along 
with his son to his SBP.

     b.  He and his current spouse were married before his expiration term of service 
(ETS) date.  She is listed on his Defense Enrollment Eligibility Reporting System record.  
His current wife is listed as his beneficiary on his arrears of pay beneficiary from the 
time of his ETS date.

     c.  The applicant understands he will have to pay $2.50 per person from the time of 
his retirement date or the time SBP coverage was started.  He thinks there was a 
misunderstanding at the time the documentation was filled out.  



2.  The applicant's service records contain the following documents for the Board's 
consideration:

     a.  A DD Form 2656 (Data for Payment of Retired Personnel), dated 
21 August 2017, which shows:  

*	his marital status was single
*	his son was listed as his dependent
*	he elected SBP coverage for children only because he did not have a spouse
*	he elected coverage based on his full gross pay

     b.  A divorce decree showing he and his first wife were divorced on 31 August 2016.  
Both parties agreed to waive any rights, interests, or claims either may have had to 
receive employee and/or military retainer or retirement benefits.  
	
3.  The applicant provides the following documents for the Board's consideration:

      a.  A DD Form 2656-6 (SBP Election Change Certificate), dated 9 August 2018, 
which shows:

*	the applicant's current coverage is child only
*	he's requesting a change based on marriage 
*	he is requesting the SBP change to be spouse and children based on his full 
retired pay
*	his spouse, children, and step-children are listed on the form

     b.  A LES from 1 through 18 September 2017, which shows his ETS was                         
18 September 2017.

     c.  Retirement Account Statements from September 2017 through December 2017, 
which show he was paying SBP coverage for Child Only.

     d.  A DD Form 214, which shows he was discharged from the Army on 
18 September 2017 and placed in the US Army Reserve Control Group (Retired) 
because of a Disability Temporary (Enhanced).

     e.  A Defense Finance and Accounting Service (DFAS) statement for Arrears of Pay 
Beneficiary Information which shows his current wife as his beneficiary.  

     f.  A State of South Carolina Marriage Certificate, showing he and his current wife 
were married on 9 September 2017.  

4.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing 
before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR. 

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, his record of 
service, the date of his SBP election and his marital status at the time, the date of his 
marriage and his subsequent retirement.  The Board found that, because he was 
married before retirement, that his spouse would also be enrolled absent her 
concurrence in writing to his declination.  The Board also found that his election for 
children is by category not individuals.  As such, his children are covered.  Based on a 
preponderance of evidence, the Board determined that a correction to the applicant’s 
SBP election was necessary to correct an error.

2.  After reviewing the application and all supporting documents, the Board found the 
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 by:

-	amending the applicant’s DD Form 2656 (Data for Payment of Retired 
Personnel) to reflect SBP coverage for Spouse and Child;
-	show that his request was accepted and processed by an appropriate 
authority prior to his retirement date (18 Sep 17), and;
-	his spouse and children are beneficiaries for his SBP annuity.
													
							 
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, the 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 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 Plan applies including an adopting 
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.

2.  My Army Benefits website, at https://myarmybenefits.us.army.mil/Benefit-
Library/Federal-Benefits/Survivor-Benefit-Plan-(SBP), states If a Soldier does not have 
an eligible dependent, Spouse and or Child, for an SBP category at time of retirement, 
the Soldier has one year from the date of first acquiring an eligible beneficiary in that 
category after retirement to notify the Defense Finance and Accounting Service (DFAS) 
and make an SBP election.  If the Retired Soldier does not elect coverage for an eligible 
beneficiary within one year of acquiring them, that category of beneficiary is closed for 
that dependent and all future dependents in that category.

3.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing 
before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR. 


ABCMR Record of Proceedings (cont)		           AR20180012324
	
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