IN THE CASE OF: BOARD DATE: 21 September 2023 DOCKET NUMBER: AR20230002456 APPLICANT REQUESTS: correction of her records to show she elected Reserve Component Survivor Benefit Plan (RCSBP) coverage for her 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. FACTS: 1. The applicant states she was not married at the time of her transfer to the Retired Reserve but was aware of the upcoming marriage. Her Reserve unit at the time informed her that the correction should be submitted when she applies for retired pay at age 59 1/2. 2. The U.S. Army Reserve Personnel Command memorandum (Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)), 30 March 2000, notified the applicant that she completed the required qualifying years of Reserve service for retired pay upon application at age 60. 3. Her DD Form 1883 (Survivor Benefit Plan Election Certificate), 29 May 2000, shows she indicated she was not married and had two dependent children. She elected "Spouse and Children" coverage based on the full amount of her retired pay and Option C (Immediate Coverage). 4. On 3 June 2000, she requested transfer to the Retired Reserve effective 23 June 2000. 5. She married on . 6. Her DD Form 2656 (Data for Payment of Retired Personnel), 22 March 2022, shows in: a. Section V (Designation of Beneficiaries for Unpaid Retired Pay), she did not list any beneficiaries; b. Section VI (Federal Income Tax Withholding Information), block 14 (Marital Status), she placed an "X" in the "Married" box; c. Section IX (Dependency Information), block 29a (Spouse), she listed . d. Section X (SBP Election), block 33 (Reserve Component Only), she placed an "X" in the Option C (Previously Elected or Defaulted to Immediate RCSBP Coverage) box and indicated her marital status had changed since her initial election to participate in the RCSBP; and e. Section XI (Certification), she signed the form on 22 March 2022 and her signature was witnessed on the same date. 7. She reached age 60 in June 2022. 8. U.S. Army Human Resources Command Orders C07-295830, 18 July 2022, retired her and placed her on the Army of the United States Retired List in the retired grade of master sergeant effective 23 June 2022. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, a majority of the Board found relief is not warranted. 2. A majority of the Board found that the applicant could have reasonably been expected to verify the process required for adding her spouse as an RCSBP beneficiary after their marriage. A majority of the Board determined the evidence does not support the requested relief. 3. The member in the minority noted the applicant’s intent to elect RCSBP for a spouse, albeit a future spouse, was made clear when she made her original election. The member in the minority determined the applicant’s record should be corrected to show she submitted a timely request to add her spouse as an SBP beneficiary. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :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, it has been subjected to a number of substantial legislative changes. 2. Public Law 95-397, enacted 30 September 1978, established the RCSBP. The RCSBP provided a way for Reserve Component members, who qualified for Non- Regular (Reserve) retirement but were not yet age 60 and eligible to participate in the SBP, to provide an annuity for their survivors should they die before reaching age 60. 3. Department of Defense 7000.14-R (Financial Management Regulation), volume 7B, chapter 54, paragraph 6.1.2. (June 2022), provides that a member who had no eligible spouse upon notification of eligibility (and was not required to elect former spouse coverage) and later marries may elect RCSBP spouse coverage as follows: If the member elected to participate in the RCSBP upon notification of eligibility (i.e., elected Option B or C for a child or insurable interest), the member may elect to add spouse coverage to child coverage or terminate insurable interest beneficiary coverage in favor of spouse coverage. The election must be made on a DD Form 2656-6 (SBP Election Change Certificate) and received within 1 year of the marriage. The level of coverage cannot be changed. The member is not required to have the concurrence of the new spouse to elect not to add spouse coverage. Failure to make the election within 1 year of marriage terminates eligibility for that spouse and any subsequent spouse. 4. 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 RCSBP 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 RCSBP 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) AR20230002456 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1