IN THE CASE OF: BOARD DATE: 31 August 2023 DOCKET NUMBER: AR20230001019 APPLICANT REQUESTS: correction of her records to show her Survivor Benefit Plan (SBP) election coverage as "Spouse and Child(ren)" vice “Child Only”. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 September 2020 * Informal Physical Evaluation Board (PEB) Proceedings, convened on 17 May 2022 * Orders D164-0010, dated 13 June 2022 * DD Form 2656-6 (SBP Change Certificate), dated 14 March 2023 FACTS: 1. The applicant states during the COVID-19 pandemic, she was out-processing and went to fill out her SBP worksheet with the liaison on a military installation. Due to the pandemic, the representative was out-of-office and teleworking, and was extremely difficult to reach and/or get consistent communication from her. She was pregnant at the time with her daughter and wanted to add her spouse and daughter to her SBP election. The representative told her she could submit her child’s birth certificate after she was born, but until then, she could still elect coverage for SBP for her spouse. She further states, unbeknownst to her, the representative gave her the wrong information. She became aware of this error when she went from being on the temporary disabled retired list (TDRL) to the permanent disabled retired list (PDRL). She is willing to pay for the past two years of SBP payments to add her spouse. 2. The applicant provides the following documentation: a. Informal PEB Proceedings, convened on 17 May 2022 shows the Board found her physically unfit and recommended a disability rating of 70 percent (%) and be permanently retired for post-traumatic stress disorder (PTSD). She concurred with the findings and waived a formal hearing of her case. b. Orders D164-0010, issued by Headquarters, U.S. Army Physical Disability Agency, dated 13 June 2022 shows she was removed from the TDRL on 13 June 2022 and placed on the PDRL with a disability rating of 70%. c. DD Form 2656-6 (SBP Election Change Certificate), dated 14 March 2023, shows the applicant requested to change her prior SBP election from “child only” to “spouse and child”. This document shows she was married to her spouse on 1 November 2019, prior to her retirement. 3. The applicant’s service records contain the following documents: a. Order 1017-283-OC10-42, issued by U.S. Army Human Resources Command, dated 10 October 2017 reflects the applicant was appointed and commissioned as a second lieutenant in the Regular Army, effective 28 September 2017. b. Informal PEB Proceedings convened on 1 April 2020 show the board found her physically unfit and recommended a disability rating of 50% due to PTSD, and that she be placed on the TDRL with a re-examination during January 2021. She concurred and waived a formal hearing of her case. c. DD Form 214 shows she was placed on the TDRL on 21 September 2020. She completed 2 years, 11 months and 24 days of net active duty service. Her original SBP election was not reflected in her record. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is warranted. 2. The Board found the applicant’s statement regarding outprocessing during the pandemic compelling as a basis for relief in this case. The Board determined the applicant’s record should be corrected to show she elected spouse and child(ren) SBP coverage prior to her retirement. ? 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 she elected spouse and child(ren) SBP coverage prior to her retirement. 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, enacted 21 September 1972, established the SBP. The SBP 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. An election, once made, was irrevocable except in certain circumstances. Elections are made by category, not by name. Since its creation, it has been subjected to a number of substantial legislative changes. 2. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provided less than maximum spouse coverage. 3. Periodically, Congress authorizes an open enrollment season to allow retirees certain changes to their SBP participation or non-participation. The last open enrollment season was authorized by The National Defense Authorization Act for Fiscal Year 2005, thereby establishing an open season for enrollment from 1 October 2005 through 30 September 2006. It is unknown when Congress will authorize a future open enrollment season. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001019 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1