IN THE CASE OF:  

BOARD DATE:  24 February 2020

DOCKET NUMBER:  AR20180014958


APPLICANT REQUESTS:  Correction of her records to show she elected 
Survivor Benefit Plan (SBP) child only coverage within one year of the date she 
adopted her daughter.

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), dated 27 August 2018
*	State of Certificate of Adoption, dated 9 September 2015
*	State of Certificate of Birth, issued on 
*	Summary of Retired Pay Account, dated 3 July 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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:

	a.  When she received her 20 year letter, she did not have a dependent.  When she 
adopted her daughter on 9 September 2015, she went to the Retirement Service Office 
and completed the SBP form to add her daughter.  She was awarded full retirement 
effective 19 June 2018, under the Reduced Age Retirement System.

	b.  She applied for this program in 2016; at the time, her application packet included 
the SBP form.  She completed the form a second time and submitted it with her 
application to retire.  When she received her first retirement check she noticed there 
was a deduction for a spouse instead of a child.  She contacted the Defense Finance 
and Accounting Services (DFAS) and the U.S. Army Human Resources Command 
(HRC), who referred her to the ABCMR.

3.  The applicant's Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) is 
dated 20 December 2001.  There is no evidence that indicates she made a Reserve 
Component SBP (RCSBP) election at that time.

4.  A Certificate of Adoption from the State of indicates the applicant adopted a 
daughter as a single parent (emphasis added) on 9 September 2015.

5.  A DD Form 2656 (Data for Payment of Retired Personnel), dated 8 August 2017, 
shows the applicant elected child only SBP coverage.  She also indicated she had an 
insurable interest beneficiary (daughter).

6.  The applicant was placed on the Retired List on 19 June 2018.  Her DFAS retired 
pay account, dated 3 July 2018, indicates her SBP Election Certificate had not been 
received, resulting in automatic SBP coverage for spouse only.

BOARD DISCUSSION:

After reviewing the application, the supporting documents, the records, applicable 
regulations, and the facts above, the Board found that relief is warranted as 
recommended in the Board Determination and Recommendation below.




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 showing that she elected 
Survivor Benefit Plan (SBP) child only coverage on 8 August 2017 within one year of 
the date she adopted her daughter prior to her retirement.


 

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.  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 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, 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.

3.  Public Law 95-397, enacted 30 September 1978, established the RCSBP.  The 
RCSBP provided a way for RC members, who qualified for non-regular retirement but 
were not yet age 60 and eligible to participate in the SBP, to provide an annuity for their 
survivors should they die before reaching age 60.  Three options were available:

*	option A – elect to decline enrollment and choose at age 60 whether to start SBP 
participation
*	option B – elect that a beneficiary receive an annuity if they die before age 60, 
but delay payment of it until the date of the member's 60th birthday
*	option C – elect that a beneficiary receive an annuity immediately upon their 
death if before age 60

4.  Title 10, USC, Section 1448(a)(5) provides that a person who is not married and has 
no dependent child upon becoming eligible to participate in the 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 one year after the date on which that person marries or 
acquires that dependent child.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180014958

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20180014958


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ABCMR Record of Proceedings (cont)	AR20180014958


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