ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002095 APPLICANT REQUESTS: Correction of his record to show his Survivor Benefit Plan (SBP) beneficiary category election was changed from spouse only to children-only, and reimbursement of paid premiums. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Divorce decree, dated 2 November 2016 * DD Form 2656 (Data for Payment of Retired Personnel), dated 25 July 2018 * Retiree account statement, dated 29 November 2019 FACTS: 1. The applicant states upon his retirement, when choosing his SBP option, he elected "spouse only" at first but then later on, he changed it to "children- only" prior to his last day on active duty. Everything was done correctly, but for some reason the notary dated the paperwork five days later and finance redirected him to the Board to find a solution to correct his SBP and refund him for the funds taken out of his retirement pension. It took him a year to figure out the error since the Defense Finance and Accounting Service by phone was his first resource. 2. A review of the applicant's official records shows the following: a. On 4 September 1997, the applicant married b. On 15 October 1997, the applicant enlisted in the Regular Army and served continuously until his retirement. c. On 2 November 2016, the applicant and were divorced. d. On 31 July 2018, the applicant was honorably retired from active duty. He completed 20 years, 9 months, and 16 days of net active service. c. The applicant's records are void of a DD Form 2656. 3. The applicant provides: a. Divorce decree showing the applicant and were divorced on 2 November 2016. It is silent pertaining to the SBP. b. DD Form 2656 showing the following: (1) Part 3 (SBP), Section 9 (Dependency Information) the applicant married Ms. M- P- on 20 December 2016. He had three dependent children who were not disabled. He elected "children-only" coverage. (2) Part 4 (Certification) the applicant along with his spouse and a witness endorsed the form on 25 July 2018. It was dated by the notary on 30 July 2018. c. Retiree account statement showing an SBP premium deduction of $142.62 for spouse only coverage. 4. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the available documentation, it appears the applicant attempted to change his SBP coverage and the change included a notarized signature of his former spouse. As a result, the Board concluded there was sufficient evidence to recommend a change to the applicant’s SBP coverage by limiting it to children only and refunding the reduced premiums back to the day of the submitted election date. 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 changed his SBP election from spouse to children only on 25 July 2018, and the request was received and processed by the appropriate office in a timely manner. X CHAIRPERSON 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. 2. Department of Defense Instruction 1332.42 (Survivor Annuity Program Administration) states a member entitled to retired pay based on active service who has a spouse or dependent child is considered a participant having maximum SBP coverage, unless the member, with spousal concurrence if married, elects less-than- maximum spouse coverage, child-only coverage, or not to participate in the Program. Unless such election is made prior to the first day of entitlement to retired pay, automatic coverage for maximum spouse or spouse and child coverage shall be entered. An election under this paragraph is irrevocable, unless otherwise provided by law, if not revoked before the date on which the person first becomes entitled to retired pay. All Program elections must be in writing, signed, and properly witnessed if required. 3. Department of Defense Financial Management Regulation, Volume 7B: a. Section 430301 states DD Form DD 2656, when available, are recommended for use by the member. Elections in writing signed by the member, other than a request for termination, which contain all information necessary for establishing or declining coverage, are acceptable. Spousal concurrence of certain elections has been required since 1 March 1986. b. Section 430303 E1 states if all requirements for an election needing the spouse’s concurrence have not been satisfied prior to retirement, for whatever reason, full spouse costs and coverage will be implemented, regardless of any request by the member to do otherwise. In such cases, when the member has requested any form of child coverage, full spouse and child coverage will be implemented. A spouse’s concurrence with, or request for, an election other than that requested by the member, will be disregarded. Any change in SBP election subsequent to retirement will be done through an administrative correction of records as permitted by law. c. Section 430501 B states every retiring member who is married at retirement is automatically enrolled in SBP for full coverage unless the spouse consents in writing to reduced coverage or no coverage before the first day of eligibility to retired pay. d. Section 430606 states the Secretary of the Military Department concerned (or designee) may correct any election or any change or revocation of an election when the Secretary considers it necessary to correct an administrative error. //NOTHING FOLLOWS//