ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 January 2022 DOCKET NUMBER: AR20210011207 APPLICANT REQUESTS: correction of his records to show he elected Survivor Benefit Plan (SBP) spouse coverage at the time of his marriage. 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) . Marriage Certificate, 25 August 2017 . Active Duty Military Identification Card, undated (spouse) . Dependent Military Identification Card, 22 March 2018 (spouse) . Retiree Statement Account, 1 May 2019 FACTS: 1. The applicant states he married on 25 August 2017. He updated his military records to show this information, but SBP spouse coverage does not show on his Retiree Statement Account. 2. On 1 September 1995, he retired in the rank/grade of major/O-4. 3. His DD Form 2656 (Data for Payment of Retired Personnel), 7 September 1995, shows in: . item 14 (Marital Status) – Single . item 27 (List Your Dependent Children) – Not Applicable . item 28 (Beneficiary Category) – "I Elect Not to Participate in SBP – I do not have eligible dependents under the plan" 4. On 18 November 2003, he reentered active duty as a U.S. Army Reserve retiree in the rank/grade of major/O-4. 5. On 30 September 2009, he was honorably released from active duty upon completion of required active service. 1 ABCMR Record of Proceedings (cont) AR20210011207 6. His DD Form 2656-8 (SBP Automatic Coverage Fact Sheet), 4 December 2009, shows he was not married. 7. On 25 August 2017, he and R____ married. 8. His Retiree Account Statement as of 1 May 2019 shows: • SBP Coverage – "No SBP Election is Reflected on Your Account" • Arrears of Pay Beneficiary Information – his spouse 9. His DD Form 2656 (Data for Payment of Retired Personnel), 23 November 2021, shows in: • item 17 (Marital Status) – Married • item 34 (SBP Beneficiary Categories) – "I Elect Coverage for Spouse Only" • item 40 (Witness) – Army SBP Counselor, Fort Benning, GA 10. The email from the Defense Finance Accounting Service Senior Ombudsman (Reply: ABCMR Verification), 14 December 2021, provided his retired pay and SBP records. His records do not show a DD Form 2656-6 (SBP Election Change Certificate). BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the applicant could have made an SBP election for spouse coverage if he had submitted the election within one year of his marriage in 2017. It appears he did not do so, and therefore currently has no SBP beneficiary. The Board determined it would be appropriate to correct his record to show he submitted a timely election for spouse SBP coverage. 2 ABCMR Record of Proceedings (cont) AR20210011207 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 an election for spouse SBP coverage within one year of his marriage in 2017, which was approved. 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. Title 10, U.S. Code, section 1448, provides the general rules for participation in the SBP. A person who does not have an eligible spouse beneficiary under the plan and marries/remarries may elect to provide a level of coverage within 1 year of the marriage/ remarriage. 2. Public Law 108-375, enacted 28 October 2004, established an SBP open enrollment season from 1 October 2005 through 30 September 2006. Congress has not established an SBP open enrollment season since that time. //NOTHING FOLLOWS// 3