IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20230002016 APPLICANT REQUESTS: correction of his records to show he elected Survivor Benefit Plan (SBP) coverage for his spouse within 1 year of marriage. 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), 21 September 2020 * DD Form 2656 (Data Payment of Retired Personnel), 12 April 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2016 * DD Form 2656-6 (SBP Election Change Certificate), 26 April 2023 FACTS: 1. The applicant states he was not married at the time he retired, and he was not afforded an SBP briefing during his retirement process informing him that he had 12 months to change his survivor benefit status upon marriage. He was not aware that he had to contact anyone other than the Department of Veterans Affairs or the Defense Finance and Accounting Service to show he had married after his retirement date to have his spouse enrolled in the SBP. He did not learn of the specific time frame until his spouse attended her retirement briefings in November 2022 at Fort Bragg, NC. 2. Following prior enlisted service in the Regular Army, he was appointed as a Reserve commissioned officer of the Army on 6 December 2004. 3. Headquarters, Tripler Army Medical Center, Orders 081-0003, 21 March 2016, reassigned him for separation processing effective 30 April 2016 and placed him on the Retired List in the rank/grade of captain/O-3 effective 30 June 2016. 4. His DD Form 2656, 12 April 2016, shows in: a. Section I (Pay Identification), block 3 (Retirement/Transfer Date), 1 July 2016; b. Section VI (Federal Income Tax Withholding Information), block 14 (Marital Status), he placed an "X" in the "Single" box; c. Section VIII (Dependency Information), block 25 (Dependent Children), he did not list any children; d. Section IX (SBP Election), block 25 (Beneficiary Coverage), he placed an "X" in block G (I elect not to participate in SBP); and e. Section XI (Certification), he signed the form on 12 April 2016 and his signature was witnessed on the same date. 5. On 30 June 2016, he retired in the rank/grade of captain/O-3 by reason of voluntary early retirement. His DD Form 214 shows he completed 16 years, 11 months, and 9 days of total active service and 1 year, 1 month, and 5 days of inactive service. 6. His DD Form 2656-6, 26 April 2023, shows in: a. Section III (Conditions that Trigger Eligibility to Change Coverage), he placed an "X" in the "Marriage" box; b. Section IV (Requested Change to Coverage), he placed an "X" in the "Spouse Only" box; c. Section V (Level of Coverage), he placed an "X" in the "Full Retired Pay" box; d. Section VI (Spouse and Child(ren) Information): * block 11 (Spouse's Name), * block 12 (Date of Marriage), e. Section VII (Member Signature), he signed the form on 26 April 2023 and his signature was witnessed on the same date. 7. His records do not contain and he did not provide a marriage certificate. 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 not warranted. 2. The Board found discrepancies in the evidence that the record does not explain. The applicant completed a DD Form 2656 on 12 April 2016 on which he indicated he was not married. He later completed a DD Form 2656-6 on which he indicated he was married on 1 March 2016, a date prior to his completion of the DD Form 2656. Given this conflicting evidence, the Board determined the requested relief should not be granted. The Board noted, however, that the applicant may still seek the requested relief via the SBP Open Season described in the References section below. 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. 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, the SBP has been subjected to a number of substantial legislative changes. 2. Title 10, U.S. Code, section 1448(a)(5) (Participation by Person Marrying after Retirement, etc.), provides that a person who is not married and who has no dependent child upon becoming eligible to participate in the Plan, but who later marries or acquires a dependent child, may elect to participate in the Plan. 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. 3. Periodically Congress authorizes an open enrollment season to allow retirees certain changes to their SBP participation or non-participation. The National Defense Authorization Act for Fiscal Year 2023 authorized an open enrollment season from 23 December 2022 through 1 January 2024. a. The SBP open season allows for retirees receiving retired pay, eligible members, or former members awaiting retired pay who are currently not enrolled in the SBP or Reserve Component SBP to enroll. For a member who enrolls during the SBP open season, the law generally requires that the member will be responsible to pay retroactive SBP premium costs that would have been paid if the member had enrolled at retirement (or enrolled at another earlier date, depending on the member's family circumstances). b. The SBP open season also allows eligible members and former members who are currently enrolled in either the SBP or Reserve Component SBP to permanently discontinue their SBP coverage. The law generally requires the covered beneficiaries to concur in writing with the election to discontinue. Previously paid premiums will not be refunded. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002016 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1