IN THE CASE OF: 

		BOARD DATE: 1 December 2022

		DOCKET NUMBER: AR20220004165


APPLICANT REQUESTS: to enroll her spouse as a beneficiary for her Survivor Benefit 
Plan (SBP).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Letter from the Applicant, 13 August 2022
*	Army Review Boards Agency, Case Management Division, Letter, 2 August 2022
*	Authorization to Conduct Rites of Matrimony, 
*	Marriage License, 

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 when she had her medical board, it was explained to her that 
the SBP could only be left to a spouse, not a child. Since she was not married, she 
elected not to have coverage. She did not know she could never change this 
information. She feels her opportunity was taken away from her due to the person who 
explained SBP during her out processing. She is now married and would like her 
husband to have her benefits.

3.  On 10 October 2014, the applicant completed DD Form 2656 (Data for Payment of 
Retired Personnel). DD Form 2656 reflects the applicant had a dependent child. It 
further shows she elected not to participate in SBP. The form is properly signed and 
witnessed.

4.  On 2 December 2014, the applicant retired from active duty due to temporary 
disability.

5.  On 21 December 2015, the applicant was removed from the Temporary Disability 
Retired List and permanently retired.

6.  On, the applicant married .

7.  The Defense Retiree and Annuitant Pay System has no SBP documents on file for 
the applicant.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted.

2.  The Board found insufficient evidence in support of the applicant’s claim that she 
was improperly counseled regarding her SBP options prior to her retirement. The Board 
noted that the DD Form 2656 clearly shows an option to elect coverage for children 
only, which would have been applicable in her case. The Board further noted that 
because she did have an eligible beneficiary when she retired, her election not to 
participate in SBP permanently barred her from making any future election.  Based on a 
preponderance of the evidence, the Board determined her SBP election should not be 
changed. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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.  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.

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 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004165


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1