IN THE CASE OF: 

		BOARD DATE: 27 May 2021

		DOCKET NUMBER: AR20200003130


APPLICANT REQUESTS: in effect, correction of his records to show he elected the 
Survivor Benefit Plan (SBP) level of coverage at a reduced rate of $1,500.00 for his new 
spouse effective 28 March 2018.

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)
*	Certification of Marriage, 8 March 2018 
*	DD Form 2656-6 (SBP Election Change Certificate), 28 March 2018
*	DD Form 2656-6, 31 January 2019

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, 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:

	a.  His original intent when filing the DD Form 2656-6 after his remarriage to his new 
spouse, L____, was always to have coverage at a reduced rate of $1,500.00; however, 
he did not have a copy of the marriage certificate at the time.

	b.  When he submitted the second DD Form 2656-6, 28 March 2018, he had just 
received his marriage certificate and was forwarding it to the Defense Finance and 
Accounting Service (DFAS). He made an error in selecting the full coverage option on 
his submission, but his intent was always to elect the reduced coverage for his new 
spouse. He spoke to DFAS on 13 January 2020 to correct the premiums after he 
noticed he was paying for full spouse coverage. He notes this submission should not be 
viewed as a "change in mind" but an error in submission.

	c.  On 31 January 2019, he filed to resume his SBP coverage for his new spouse 
and elected the level of coverage at a reduced amount of $1,500.00. His original intent 
was always to have his new spouse receive a reduced amount of his retired pay. He 
would like this corrected.

3.  After having prior active service, the applicant enlisted in the Regular Army on 
15 December 1976.

4.  He retired on 31 January 1991 and was placed on the Retired List effective 
1 February 1991. His DD Form 214 (Certificate of Release or Discharge from Active 
Duty) shows he retired in the rank/grade of master sergeant/E-8.

5.  His available records do not contain an SBP election form at the time he retired, nor 
do they contain a marriage certificate for his first marriage.

6.  He provided:

	a.  the marriage certificate showing he married R____ on 8 March 2018;

	b.  his DD Form 2656-6, which he verified with his signature and a witness's 
signature on 28 March 2018, showing the following entries:

		(1)  item 7 (My Current Coverage Is), he placed an "X" in the block "Suspended 
Coverage";

		(2)  item 8 (I am Requesting a Change in Coverage Based on), he placed an "X" 
in the block "Remarriage" and an "X" in the "Resume Existing Level of Coverage for My 
New Spouse";

		(3)  item 9 (Place an X in the Appropriate Box to Indicate Your Election), he 
placed an "X" in the block "Resume Existing Coverage";

		(4)  item 10 (Level of Coverage), he placed an "X" in the block "Full Retired Pay";

		(5)  item 11a (Spouse's Name – Last, First, Middle Initial), he entered L____, ."; 
and

		(6)  item 12 (Date of Marriage), he entered the date 8 March 2018;

	c.  his DD Form 2656-6, which he verified with his signature and a witness's 
signature on 31 January 2019, showing the following entries:

		(1)  item 7 (My Current Coverage Is), he placed an "X" in the block "Suspended 
Coverage";

		(2)  item 8 (I am Requesting a Change in Coverage Based on), he placed an "X" 
in the block "Remarriage" and an "X" in the "Select coverage for my new spouse if my 
current coverage is former spouse coverage";

		(3)  item 9 (Place an X in the Appropriate Box to Indicate Your Election), he 
placed an "X" in the block "Spouse Only";

		(4)  item 10 (Level of Coverage), he placed an "X" in the block "Reduced Amount 
of Retired Pay (Cannot be less than $300.00) with the amount $1,500.00";

		(5)  item 11a (Spouse's Name – Last, First, Middle Initial) he entered L____, ."; 
and

		(6)  item 12 (Date of Marriage), he entered the date 8 March 2018.

7.  The electronic mail correspondence from a DFAS pay technician (Reply: Army 
Review Boards Agency Assistance), 23 April 2021, noted the DFAS database contains 
the following documents:

	a.  the applicant's letter to DFAS, 12 February 2015, stating his spouse, L____, 
passed away on 31 December 2014. He noted she was the sole beneficiary of his SBP 
and requested discontinuation of the deductions from his retired pay. He also requested 
a refund of all deductions that were paid after her death;

	b.  the State Certificate of Death, stating L____ passed away on 31 December 2014 
and showing the applicant as the informant and her husband; and

	c.  his DD Form 2656-6, which he verified with his signature and a witness's 
signature on 31 January 2019, showing the following entries:

		(1)  item 7 (My Current Coverage Is), he placed an "X" in the block "Suspended 
Coverage";

		(2)  item 8 (I am Requesting a Change in Coverage Based on), he placed an "X" 
in the block "Remarriage" and an "X" in the "Select coverage for my new spouse if my 
current coverage is former spouse coverage";

		(3)  item 9 (Place an X in the Appropriate Box to Indicate Your Election), he 
placed an "X" in the block "Spouse Only";

		(4)  item 10 (Level of Coverage), he placed an "X" in the block "Reduced Amount 
of Retired Pay (Cannot be less than $300.00) with the amount $1,500.00";

		(5)  item 11a (Spouse's Name – Last, First, Middle Initial), he entered L____, ."; 
and

		(6)  item 12 (Date of Marriage), he entered the date 8 March 2018.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Board agreed policy requires that retirees receive spousal concurrence when 
electing a SBP option less than the full amount.  His record and his application are void 
concurrence from his spouse.  The Board determined there is insufficient evidence to 
grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XX	:XX	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.

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3 year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Department of Defense Financial Management Regulation, Volume 7b, states Public 
Law 92-425 established the SBP on 21 September 1972 to provide a survivor benefit 
program for military personnel in retirement to complement the survivor benefits under 
Social Security laws. The plan gives all retiring Uniformed Services retirees an 
opportunity to elect to have their retired pay reduced by a designated amount in order to 
provide their survivors an annuity payable after the retiree’s death.

	a.  The base amount may range from a $300.00 minimum up to full gross retired pay 
entitlement.

	b.  The maximum level is the full gross retired pay used as a base amount for 
coverage.

	c.  An election, once made, was irrevocable except in certain circumstances. 
Elections are made by category, not be name.

3.  Public Law 99-145, enacted 8 November 1985, permitted a previously participating 
retiree upon remarriage to elect not to resume spouse coverage or to increase reduced 
coverage for the latter spouse (requiring a payback with interest of SBP premiums prior 
to first anniversary of remarriage). Changes must be made prior to the first anniversary 
of remarriage or the previously suspended coverage resumes by default on the first day 
of the month following the first anniversary of the remarriage, with costs owed from that 
date.

4.  Title 10, U.S. Code, section 1448(3)(a), states spousal concurrence is required to 
elect coverage at a rate less than the maximum level.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20200003130


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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