2. The applicant requests change in his SBP election from decline to spouse only, full base amount.
3. The applicants military records show that he was unmarried and declined SBP coverage prior to his retirement from active duty. On 21 March 1996, the applicant gained a spouse, however, he did not alter his SBP election prior to retirement date. The applicant apparently assumed that he had 1 year from date of marriage to do so. On 1 April 1996, the applicant retired from the military service.
4. By law, a retiring member must make an SBP election prior to date of retirement and spousal concurrence is required on date of retirement.
5. On 18 May 1996, the applicant submitted an appeal to this Board for correction of his military record.
6. Public Law 92-425, the SBP, enacted 21 September 1972, 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. The election made by the member was irrevocable.
7. In the processing of this case, a staff advisory opinion was obtained from the SBP Board in the Office of the Deputy Chief of Staff for Personnel. The SBP Board recommended approval of the applicants request to change his SBP election from decline to spouse only retroactive to date of retirement, on 1 April 1996.
CONCLUSIONS:
1. The evidence of records shows that the applicant was unmarried when he declined SBP coverage. He gained a spouse on 21 March 1996, and on 1 April 1996, he retired from the military. The problem occurred when he did not alter his SBP election prior to retirement date.
2. Although, there appears to be no evidence of negligence on the part of the government and since it is his desire to enroll his current spouse into SBP, justice would be best served by granting the applicants request.
3. In view of the foregoing findings, conclusions and the advisory opinion, it would be appropriate to correct the records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned changed his SBP participation from decline to spouse only, full base amount, retroactive to date of retirement.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY1996 | 9609965C070209
Military members on active duty on 21 September 1972 were to submit forms electing the coverage desired, or electing not to participate, prior to retirement or becoming eligible for retired pay. If, upon becoming eligible for retired pay, a signed declination or election of reduced coverage had not been submitted, the member would be automatically enrolled in the SBP with full coverage for the spouse. Therefore, in view of the foregoing, findings, conclusions and the advisory opinion, it...
AF | BCMR | CY2012 | BC-2012-03938
DPSIAR forwarded these documents to DFAS-CL and requested her SBP record be adjusted to reflect child only coverage based on full retired pay under the SBP, retroactive to her 1 October 1996 retirement, stop spouse SBP premium and refund the difference in monthly premiums subject to the 6-year statute of limitations. Evidence has been provided that supports the applicant was not married and attempted to elect child only coverage prior to her 1 October 1996 retirement. ...
ARMY | BCMR | CY2006 | 20060000508C070205
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. However, since the divorce decree provided for SBP former spouse coverage, the applicant was married to the FSM for the majority of his military career, and the applicant was unmarried at the time of his death (i.e., no possible spouse beneficiary), it would...
ARMY | BCMR | CY1997 | 9707036C070209
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. The Retirement Services Office recommended that the applicants SBP be changed to spouse and child request be approved, retroactive to 13 September 1994, the date of the applicants divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY1997 | 9707036
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. The Retirement Services Office recommended that the applicant’s SBP be changed to “spouse and child” request be approved, retroactive to 13 September 1994, the date of the applicant’s divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY2013 | 20130010019
He provided a letter issued by DFAS on 31 March 2010, which indicated they had received the DASAs directive and informed him that service members who retroactively become entitled to retired pay on a date after 20 September 1972 are automatically given full SBP coverage, unless the member elects to reduce the coverage or declines participation before the correction action (date of entitlement). The evidence of record shows the applicant was retroactively retired on 9 December 2009 with an...
ARMY | BCMR | CY2011 | 20110001295
In a memorandum, dated 7 April 2010, the Chief, Army Retirement Services, Office of the Deputy Chief of Staff, G-1[Personnel Officer], Washington, D.C., informed DFAS that: a. the applicant had corrected his SBP election from "automatic" [spouse only coverage] to "spouse and children" based on full gross retired pay, retroactive to 2 October 2003; and b. the applicant was responsible for the premiums for the elected coverage. The election must be made before the effective date of retirement...
ARMY | BCMR | CY2012 | 20120010237
BOARD DATE: 8 January 2013 DOCKET NUMBER: AR20120010237 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. When the error was discovered, his son was added to the SBP account and an adjustment was made from "declined" to "child" coverage, effective 1 July 2011. The law stipulates that a member who does not have a dependent child at the time of initial eligibility for SBP may elect coverage for a dependent child within the one-year period after acquiring the first dependent child.
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 3 , and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: rtment of the Air The pertinen , be corrected to Force relating to show that on 4 O c ange his Survivor Benefit Plan election from “child coverage” to “spouse and...
ARMY | BCMR | CY1996 | 9608072C070209
The applicant requests in effect, correction of his military records to show that he elected SBP (Survivor Benefits Plan) for spouse and children vice children only. The applicant retired on 1 May 1992 with more than 20 years of creditable active service in pay grade E-7. The evidence of record shows that the applicant was not married at the time of his retirement in 1992, and therefore elected SBP participation only for his dependent children at the full base amount.