ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20180015930


APPLICANT REQUESTS: Correction of his Survivor Benefit Plan (SBP) election to 
show he added his dependent son as a beneficiary retroactive to the date of his final 
decree of divorce.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Divorce decree and allied documents, dated 3 July 2018
*	Defense Finance and Accounting Service (DFAS) letter, dated 25 August 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States 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 in effect, he would like to add his son as an SBP beneficiary.

3.  A review of the applicant’s service records show the following on:

*	5 January 1989 – the applicant enlisted in the Regular Army and served in 
various assignments 
*	11 April 2006 – the applicant completed DD Form 93 (Record of Emergency 
Data) showing in item 5a, he had two daughters (Ms J- C- and Ms. A- O’), the 
form does not indicate he had a son at the time
*	30 August 2007 – Orders Number 242-0007, issued by, Headquarters, U.S. 
Army Garrison, Fort Carson, CO, additional instructions indicated he was 
required to attend an SBP briefing
*	8 May 2008 – the applicant completed DD Form 2656 (Data for Payment of 
Retired Personnel) indicating he was single, did not have any beneficiaries or 
dependent children at the time, and affirmatively elected not to participate in the 
SBP; he endorsed this form
*	31 July 2008 – the applicant was honorably retired from active duty
*	22 April 2019 – Case Management Division contacted the applicant by letter 
requesting his dependent son’s birth certificate and DFAS Form 7220 (Retiree 
Account Statement), and by 24 June 2019, he did not respond

4.  The applicant provides:

*	divorce decree showing he was the plaintiff and he had one son with the 
defendant ( former spouse) born on (the child will be 19 years 
of age as of December 2019)
*	DFAS letter wherein the applicant was informed by a DFAS official that his SBP 
request could not be processed because his was a special case and once he 
received documentation to back up his circumstances, he could complete a                            
DD Form 149

5.  See applicable SBP laws below.

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 election he made regarding SBP (declining coverage) when he completed 
the Data for Payment of Retired Personnel and his subsequent retirement.  The Board 
found no error in that election where the applicant indicated he was single and listed no 
dependents; members with a dependent child(ren) on the date of retirement who 
decline coverage are prohibited from electing into SBP except during open enrollment 
periods.  Based on a preponderance of evidence, the Board determined that the 
election made by the applicant was not in error or unjust.  The applicant is reminded 
that he may be eligible to change his election during an open enrollment season.

2.  After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
 


	  
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.  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, 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.  However, surviving children are only 
entitled to SBP payments until reaching age 22 in certain cases.  Changes in SBP 
options are not authorized except in specific instances, or authorized by law.

3.  Department of Defense Financial Management Regulation (DOD FMR) 7000.14-R, 
Volume 7B (Military Pay Policy and Procedures – Retired Pay):

*	section 440202 states the child is an eligible beneficiary only if the child is:

*	unmarried and under age 18
*	at least 18 but under 22 and pursuing a full-time course of study in a 
recognized educational institution or;
*	incapable of self-support because of physical or mental incapacity, which 
existed before the 18th birthday or was incurred before age 22 while pursuing 
a full-time course of study

*	section 430501 states that a member with a dependent child(ren) on the date of 
retirement who declines coverage is prohibited from electing into the SBP except 
during open enrollment periods

4.  Title 10, USC, section 1448(a)(4) states that SBP elections are irrevocable if not 
revoked before the date on which the member first becomes entitled to retired pay.

ABCMR Record of Proceedings (cont)	 AR20180015930
	
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