ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:   BOARD DATE:  31 October 2019 DOCKET NUMBER:  AR20180014610 


APPLICANT REQUESTS:  amendment of his Survivor Benefit Plan (SBP) election to add his spouse. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DD Form 2656 (Data for Payment of Retired Personnel), dated 14 October 2015

.Marriage License/Certificate, State of , dated 20 March 2017

.Letter, Department of Veterans Affairs, dated 25 July 2017

.DD Form 2656-6 ((Survivor Benefit Plan Election Change Certificate), dated2 October 2018

.Retiree Account Statement, dated 22 April 2019



FACTS: 

1.The applicant states:

.he was unmarried and only his daughters were SBP beneficiaries when heretired on 1 November 2015

.he enrolled his spouse in Defense Enrollment Eligibility Reporting System(DEERS) when he remarried on 20 March 2017

.he thought his spouse would automatically be covered for SBP benefits byenrolling her in DEERS

.he noticed his retirement benefit statement only showed his daughters as SBPbeneficiaries during the process of refinancing his home

.he called the Defense Finance and Accounting Service (DFAS) and wasinformed they have not received his DD Form 2656-6

.DFAS would not accept his DD Form 2656 since he was 6 months past his firstanniversary

.the DFAS representative stated he should have received information regardingadding a new spouse at the time of his retirement

.he doesn't remember receiving the information


.he is 90-percent disabled with post-traumatic stress disorder and a traumaticbrain injury, and his processing ability and memory are affected

.his medication was being adjusted at the time of his retirement

.he became very ill shortly after his retirement and he was hospitalized in earlyJanuary 2016

.he was truly unaware that he needed an additional form or of the time limit to addhis spouse to his SBP



2.The applicant divorced on 1 August 2008.  His divorce decree states:  "The partiesagree that the Wife shall and does waive any claim she may have to the retirement andthe Husband's Military Retirement is awarded to the Husband solely."  The divorcedecree does address SBP coverage.

3.His Data for Payment of Retired Personnel form, dated 14 October 2015, shows in:

a.section VI (Federal Income Tax Withholding Information), item 14 (MaritalStatus), he marked "Single"; and 

b.section IX (SBP Election), item 26 (Beneficiary Category(ies)), he marked "I electcoverage for child(ren) only" and "Do not have a spouse." 









4.He retired on 31 October 2015.5.He provided a copy of his marriage license/certificate showing he marriedH____ on 20 March 2017.6.He provided a copy of his Department of Veterans Affairs summary of benefits letter, showing his combined service-connected disability evaluation as 90 percent effective 1 April 2017.7.His SPB Election Change Certificate, dated 2 October 2018, shows in:a.section III (Conditions that Trigger Eligibility to Change Coverage), item 8 (I am requesting a change in coverage based on), he marked "Marriage" and notes:  "A member, who does not have a spouse at the time of initial eligibility, may provide SBP for the first spouse acquired after retirement by electing coverage before the first anniversary of that marriage.  Coverage and cost begin on the first anniversary of the marriage (coverage begins immediately upon the birth of a child to the member and spouse beneficiary)" and 

b.section IV (Requested Change to Coverage), item 9 (Place an X in theappropriate box to indicate your election), he marked "Spouse and Child(ren)." 






8.On 30 October 2018, DFAS informed him that they received his SBP ElectionChange Certificate on 11 October 2018.  DFAS advised him that they were unable toprocess his request to add his spouse because SBP participants must submit anelection prior to the 1-year anniversary of the date of marriage.  DFAS further informedhim that Congress occasionally approves an open season enrollment period that wouldallow him to add his spouse to his SBP and he would be advised if that opportunitybecame available.BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted as a matter of fairness.  His SPB Election Change Certificate, dated  2 October 2018, should be corrected to show the date of 2 March 2018, and he should be provided SBP coverage for his new wife.


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 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 correcting the date on his SPB Election Change Certificate to show 2 March 2018, within one year af marriage, and that he be provided SBP coverage for his new wife.

X

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, U.S. Code, section 1448(a)(5), provides that a person who is not married and has no dependent child upon becoming eligible to participate in the Survivor Benefit Plan (SBP) but who later marries or acquires a dependent child may elect to participate in the SBP.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within 1 year after the date on which that person marries or acquires that dependent child.  (NOTE:  DFAS interprets the first part of Title 10, U.S. Code, section 1448(a)(5), to mean, "who is not married OR has no dependent child.") 
 
// NOTHING FOLLOWS //