IN THE CASE OF: 
BOARD DATE: 9 January 2023 
DOCKET NUMBER: AR20220006708 

APPLICANT REQUESTS: 
. correction of his records to show he elected the Survivor Benefit Plan (SBP) level of coverage at the full retired pay amount effective 1 June 2021 
. 
a personal appearance hearing before the Board via video or telephonically 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) 

. 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2008 



. 
Marriage Certificate, 20 March 2020 FACTS: 


1. 
The applicant states he wishes to change his SBP level of coverage from "Partial" to "Full" retired pay amount retroactive to 1 June 2021. The error was the result of incorrect verbal telephonic instructions provided by the Defense Finance and Accounting Service (DFAS) representative when he originally elected to change his SBP coverage. 

2. 
The applicant was appointed as a Reserve commissioned officer of the Army and executed his oath of office on 18 March 1983. He was subsequently appointed as a Regular Army commissioned officer. 

3. 
He was promoted to the rank/grade of colonel/O-6 effective 1 July 2005. 

4. 
His DA Form 4037 (Officer Record Brief), 17 July 2007, shows his marital status as "divorced." 

5. 
He retired on 31 July 2008 in the rank/grade of colonel/O-6. His DD Form 214 shows he completed 25 years, 4 months, and 13 days of net active service during this period. 

6. 
His available records do not contain an SBP election form at the time he retired or copies of any marriage certificates or divorce decrees. 

7. 
The electronic mail correspondence from a DFAS pay technician, 9 December 2022, notes the applicant had automatic coverage at retirement. He subsequently submitted a DD Form 2656-8 (SBP – Automatic Coverage Fact Sheet) and his status was changed to no beneficiary. He married on 20 March 2020 and submitted a DD Form 2656-6 (SBP Election Change Certificate) electing "Spouse" coverage at a reduced amount on or about 3 March 2021. He subsequently submitted another DD Form 2656-6 requesting the full level of coverage on or about 15 July 2021; however, the election change form was submitted past his 1-year anniversary and was therefore denied as required by law. The DFAS database contains the following documents: 


a. 
his DD Form 2656 (Data for Payment of Retired Personnel), 8 May 2008, showing he elected not to participate in the SBP and was single and had no dependent children; 

b. 
his DD Form 2656-8, 29 August 2008, showing he was not married and had no dependent children; 

c. 
his marriage register/marriage license/marriage certificate showing he married  on 20 March 2020; 

d. 
a notarized DD Form 2656-6, which he verified with his signature and a witness's signature on 27 February 2021, showing the following entries: 


(1) 
item 7 (My Current Coverage Is), he placed an "X" in the block "No Coverage"; 

(2) 
item 8 (I am Requesting a Change in Coverage Based on), he placed an "X" in the block "Marriage." This block contains the statement: "A member, who does not have a spouse at the time of initial eligibility, may provide SBP for the first spouse acquired after retirement by electing coverage before the first anniversary of that marriage. Coverage and cost begin on the first anniversary of the marriage (coverage begins immediately upon the birth of a child to the member and spouse beneficiary)"; 

(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) and entered "$325.00"; 

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

(6) item 12 (Date of Marriage), he entered "20 March 2020"; 

e. 
his letter to DFAS, 12 July 2021, wanting to increase the level of coverage to "Full Coverage" in lieu of "partial coverage"; and 

f. 
his notarized DD Form 2656-6, which he verified with his signature and a witness's signature on 13 July 2021, showing the following entries: 

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

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

(3) 
item 11a (Spouse's Name – Last, First, Middle Initial), he entered , "; and 


(4) item 12 (Date of Marriage), he entered "20 March 2020." 
BOARD DISCUSSION: 
1. 
The applicant’s request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 

2. 
After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board determined that relief was not warranted. The Board carefully considered the applicant's contentions, military records, and regulatory guidance. Documentation available for review shows that the applicant attempted to change the elected Survivor Benefit Plan (SBP) level of coverage at the full retired pay amount effective 1 June 2021. However, as the election change form was submitted past his 1-year anniversary, it was denied as required by law. In the absence of documentation affirming timely submission by the applicant, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 

3. 
The Board does wish to inform the applicant that the Defense Finance and Accounting Services website provides information on SBP and reflects that there is currently an open season which allows for enrollment or changes to SPB elections. 


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 Board determined 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. 
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. The ABCMR may, in its discretion, hold a hearing 

(sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 

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 a 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 by 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. 
//NOTHING FOLLOWS//