ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 July 2019 DOCKET NUMBER: AR20180014172 APPLICANT REQUESTS: Correction of his record to show he added his spouse to the Survivor Benefit Plan (SBP) within one year of marriage. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60, dated 1 December 1998 * DD Form 1883 (SBP Election Certificate), dated 5 December 1998 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 3 May 1999 * Orders Number 147-010, dated 27 May 1999 * Certificate of death, dated 20 December 2015 * Marriage Certificate, dated 8 October 2016 * DD Form 2656-6 (SBP Election Change Certificate) #1 and #2, dated 12 August 2018 * DA Form 5016 (Chronological Statement of Retirement Points), dated 16 April 2019 FACTS: 1. The applicant states, on 21 December 2015 [sic] his first wife passed away. Once he had remarried he and his current spouse went to the Defense Enrollment Eligibility Reporting System (DEERS) office at Camp Robinson, AR to change the spousal status. He thought once DEERS was corrected he thought the process was complete in getting his wife on all of his military records and she would then assume all military entitlements that were previously entitled to his first wife. It was not until they attended retirement training on 9 June 2018 with the 63rd Readiness Division he became aware the DEERS changes did not change fully and completely his spousal status on all of his military records. During retirement training he was made aware he should have had his records corrected to show his first wife had passed away within one year of her passing. It also was not until they attended the retirement training he became aware the DEERS changes did not change fully and completely his spousal status on all of his military records pertaining to his current wife. Due to this during this training he became aware that due to all of this his now-wife may not have any survivor benefits. Due to the lack of general knowledge requiring him to do the two previously stated things, he feels it is not just for his now-spouse to be stripped of these entitlements he had served for years to make sure his spouse was going to receive. 2. A review of the applicant’s service record shows the following on: * 1 December 1998 – the Office of the Adjutant General, AR, by memorandum, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * 5 December 1998 – the applicant completed a DD Form 1883 showing the following: * section 2 (Marital, Dependency, and Election Status): * item 6, Are you married “Yes” * item 8b, Spouse and Children coverage * section 3 (Family Information), item 10 (Name of Spouse) Ms. J- B-, and they were married on 23 September 1977 * 27 May 1999 – Orders Number 147-010, issued by the Office of the Adjutant General, honorably discharged the applicant from the U.S. Army Reserve (USAR) to the Retired Reserve * 20 December 2015 – death certificate showing Ms. J- B- died and the applicant was the informant * 19 September 2018 – the applicant completed a DD Form 2656-6 showing the following: * section 2 (Current Coverage) spouse and child * section 3 (Conditions that Trigger Eligibility to Change Coverage) Death of Spouse 3. The applicant provides: * NGB Form 22 showing he was placed in the USAR Control Group (Retired) * a marriage certificate showing he married Ms. K- B- on 8 October 2016 * DD Form 2656-6 showing he suspended coverage and requested a change in coverage to spouse only based on remarriage and he listed Ms. K- B_ as his spouse * DA Form 5016 showing his status as retired as of May 1999 4. The applicant was married and elected immediate spouse and child RCSBP coverage within 90 days of receipt of the 20-year letter. The first spouse died in December 2015. The applicant and his current spouse married in October 2016. Regardless of whether an SBP election change form is submitted within one year of the remarriage, spouse SBP coverage automatically resumes upon the first anniversary at the coverage amount originally elected – in this case October 2017. 5. See applicable SBP laws below. BOARD DISCUSSION: The applicant was married when he elected immediate spouse and child RCSBP coverage. His spouse died in 2015. The SBP coverage was suspended upon the first spouse’s death. After he married his current spouse in October 2016, the one year election period was only relevant to the extent the applicant wished to terminate or change the level of coverage. Otherwise, the SBP spouse coverage should have automatically resumed upon the first anniversary of the remarriage – in this case October 2017 – if an election was not received within the first year of marriage. By law, the applicant’s current spouse (assuming they remain married) will receive an SBP annuity as the surviving spouse upon his death. Failure of the SBP coverage to resume on the one year anniversary of the marriage (assuming the applicant notified DFAS of the same) represents an error. ? 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 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 showing the applicant properly notified DFAS of his former spouse’s death on 20 December 2015, that the applicant’s spouse-only election of SBP coverage remained in effect and covers his current spouse and the request was received and processed by the appropriate office in a timely manner. 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. Department of Defense Instruction 1332.43, Survivor Annuity Program Administration, enclosure 3, paragraph 7b states that, in the case of a member not making an election within one year following remarriage, the new spouse shall become an eligible beneficiary as though the member had made an election. Coverage for the new spouse shall resume at the level in effect prior to the remarriage. Costs shall accrue upon the first anniversary of the marriage. 2. DOD Financial Management Regulation 7000.14-R, volume 7B, section 540601.B states that, if a member with spouse or spouse and child coverage loses the spouse beneficiary through death or divorce, the member may, upon remarriage, increase the level of coverage up to and including full-retired pay, or elect not to resume spouse coverage. If a member takes no action, spouse coverage will automatically resume upon the one-year anniversary of the remarriage at the coverage amount originally elected. ABCMR Record of Proceedings (cont) AR20180014172 2 1