ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180016686


APPLICANT REQUESTS:  dependent be added to his Survivor Benefit Plan (SBP) 
coverage.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant states he was unaware of the one year time limit when applying for 
SBP for his child.  His dependent was born on 7 April 2016 and he requested for her to 
be added to his SBP coverage.  He states it would be a shame if his survivor would not 
have the benefit because of a mistake. 

2.  A review of the applicant’s records show:

*	31 January 2005 – he retired from the Regular Army (RA)
*	11 September 2015 – he married his spouse
*	7 April 2016 – his dependent child was born
*	28 July 2017 – he completed DD Form 2656-6 (Survivor Benefit Election Change 
Certificate) stating current coverage as “Spouse Only” and requesting change to 
reflect “Spouse and Child(ren)” reason for request “Acquiring a Dependent Child”  
*	27 September 2017 – the applicant’s Retiree Account Statement shows SBP 
coverage type as Spouse and Child, Spouse Date of Birth  
and Child Date of Birth 
*	24 August 2018 – he contacted Defense Finance and Accounting Service 
(DFAS) requesting an Appeal of Decision of Spouse and Child SBP; he stated he 
was not aware of a time limitation to select coverage for his dependent
*	27 September 2018 – DFAS sent a letter to the applicant stating this request was 
unable to be processed because the applicant failed to notify DFAS of having his 
child put on the SBP within one year of his child’s date of birth. DFAS enclosed a 
DD Form 149, Application for Correction of Military Record, for the applicant to 
appeal to the Board.

3.  See applicable SBP laws below.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.

2.  The Board agreed that the evidence supports a recommendation to correct the 
applicant's record to show he elected to change his SBP beneficiary category to spouse 
and child(ren) within one year of the birth of his child.

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 he submitted a 
request to change his SBP beneficiary category to spouse and child(ren) on 8 April 
2016.  

	  
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.  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.

2.  Department of Defense Financial Management Regulation 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

3. 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.
 

ABCMR Record of Proceedings (cont)	 AR20180016686
	
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