BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100028916 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests change of his Survivor Benefit Plan (SBP) election from children only coverage to spouse and children coverage.

2.  He states:

* he is married and has two additional dependents
* he was not informed and he had no knowledge that he needed to add his spouse within 1 year of his marriage
* this is his first marriage and he elected his SBP as a single parent 4 years ago
* he recently read this information in the SBP fact sheet received by his spouse when she received her "20-year letter"

3.  He provides his marriage certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 5 March 1960.  He enlisted in the Army National Guard on 5 August 1980 and he was discharged on 24 September 1988.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).



2.  On 26 February 2006, he completed a DD Form 2656 (Data for Payment of Retired Personnel).  He enrolled in the SBP for coverage for children only based on full gross pay.  His DD Form 2656 indicates he was not married at the time of his election.  In Section VIII (Dependency Information), block 25, he listed three dependent children.  

3.  His DD Form 2656 shows his retirement date as 27 July 2006.  

4.  His certificate of marriage shows that he was married on 15 October 2009.

5.  His service record is void of evidence that shows he submitted a written request to change the SBP coverage from children only coverage to spouse and children coverage within 1 year of his marriage.

6.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  

7.  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 in which that person marries or acquires dependent children.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed and signed a DD Form 2656 on 26 February 2006 and he elected to participate in the SBP for coverage for children only, full gross pay.  He was not married at that time.  

2.  He married on 15 October 2009.  He also acquired two additional dependent children.  

3.  His service record does not indicate he added spouse coverage within 1 year of his marriage.  However, he applied to this Board within a few weeks of his
1-year window closing.

4.  In the interest of equity, it would be appropriate to show that he added spouse coverage and two additional dependent children to his existing children coverage within 1 year of his marriage on 15 October 2009.



BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  showing that he requested spouse and additional children coverage under the SBP and that his request was received and processed by the appropriate office in a timely manner, and

	b.  deducting the required monthly premiums retroactive to 1 October 2010 as a result of this action.



      __________x_____________
       	   CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100028916



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ABCMR Record of Proceedings (cont)                                         AR20100028916



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