Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012020
Original file (20080012020.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080012020 


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 that his Survivor Benefit Plan (SBP) be corrected to show that he elected his wife as his beneficiary, at 100 percent of his base pay.

2.  The applicant states that while the Defense Finance and Accounting Service (DFAS) has informed him that he did not elect his wife as a SBP beneficiary, he doesn’t recall making that election.

3.  The applicant adds that he has been married for 38 years and believes that his wife is entitled to his benefits.

4.  The applicant does not provide any additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame 



provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records show that he was a Guardsman serving on extended active duty in pay grade E-6 when he was honorably released from active duty on 19 April 1990 and placed on the Temporary Disability Retired List (TDRL) the following day.

3.  On 6 January 1995, the applicant was removed from the TDRL and placed on the Retired List the following day for physical unfitness.

4.  In the processing of this case the DFAS stated that the applicant elected SBP, Child Only, on 20 April 1990.  The DFAS added that the applicant had three open seasons in 1992, 1998, and 2005 to add his wife.  Since the applicant did not name his wife as a beneficiary when he elected SBP and did not change his SBP beneficiary during the three open seasons, he is not now authorized to add his wife as a beneficiary. 

5.  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.  Elections are made by category, not by name.  Changes in SBP options are not authorized except in specific instances, or authorized by law.

6.  Public Law 99-145, dated 8 November 1985 (but effective 1 March 1986), required spousal concurrence in anything less than full spouse coverage.

DISCUSSION AND CONCLUSIONS:

1.  According to the DFAS, the applicant elected SBP, Child Only, and did not changed his beneficiary despite having three open seasons to do so.

2.  While it is unfortunate that the applicant doesn’t recall making his election, documentation at the DFAS shows that the applicant has the coverage he requested – child only.  This election would have required the applicant’s spouse’s concurrence.

3.  As such, there is no basis in which to grant the applicant’s request.



BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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)                                         AR20080012020



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012020


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130018531

    Original file (20130018531.txt) Auto-classification: Approved

    He was single at the time and he made an SBP election for children only coverage. Therefore, as a matter of equity, the applicant's records should be corrected to show he enrolled his spouse in the SBP within 1 year of his marriage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant made a voluntary change in his SBP election from child only to spouse and child on 10 July 2008 and that the request...

  • ARMY | BCMR | CY2013 | 20130007260

    Original file (20130007260.txt) Auto-classification: Approved

    The applicant, as the widow of a deceased former service member (FSM), requests correction of the FSM's military records to show he changed his Survivor Benefit Plan (SBP) coverage to spouse coverage during an Open Season from 1992 through 1993. The FSM retired on 31 August 1985 and he elected dependent child only coverage. The available evidence shows the FSM made a written request to add the applicant to his SBP coverage.

  • ARMY | BCMR | CY2001 | 2001062732C070421

    Original file (2001062732C070421.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show he enrolled his spouse in the Survivor Benefit Plan (SBP) within one year of their marriage. After receiving his June 2000 Retiree Account Statement and noticing his no-longer-dependent child was still listed as his SBP beneficiary and his spouse was not listed, he called the Defense Finance and Accounting Service (DFAS) to have his daughter taken off and to have spouse coverage added. That all of the Department of the Army...

  • ARMY | BCMR | CY2008 | 20080003750

    Original file (20080003750.txt) Auto-classification: Approved

    The applicant states that the following information should be brought to the attention of the Board: (1) he followed the advice of an AHRC representative; (2) he filed his application for retired pay in November 2005; (3) his application package was received by AHRC in November 2005; (4) his packet was not processed until after the open season; and (5) his retired pay packet was sitting at AHRC for almost 2 years. On 8 September 1989, the applicant completed a DD Form 1883 and elected to...

  • ARMY | BCMR | CY2009 | 20090008231

    Original file (20090008231.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show he had no eligible spouse at the time of his retirement and that he submitted a request to enroll his current spouse in the Survivor Benefit Plan (SBP) in a timely manner. The evidence of record shows that prior to his retirement in 1991, the applicant made an SBP election to decline all coverage. When the applicant attempted to enroll his new spouse in the SBP during the FY06 Open Season, he was incorrectly informed that...

  • ARMY | BCMR | CY2011 | 20110018219

    Original file (20110018219.txt) Auto-classification: Denied

    The applicant states: * He submitted the paperwork to the Defense Finance and Accounting Service (DFAS) 45 days too late * DFAS advised him that he has to wait until Congress declares an Open Season * When he retired in April 2009 (actually April 2007), he was single and he did not elect enrollment in the SBP * When he married in May 2009, he enrolled his spouse in the Defense Enrollment Eligibility Reporting System and he was assured all benefits to his spouse were taken care of * As a...

  • ARMY | BCMR | CY2011 | 20110011191

    Original file (20110011191.txt) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show he requested spouse Reserve Component Survivor Benefit Plan (RCSBP) coverage in a timely manner. He provided a DD Form 1883, dated 1 May 1994, which shows on that date he was not married and he elected to participate in the RCSBP for children only coverage, full base amount, option C (Immediate Annuity). Evidence indicates he first attempted to request a change to his SBP election in conjunction with his application...

  • ARMY | BCMR | CY2009 | 20090000734

    Original file (20090000734.txt) Auto-classification: Denied

    On 6 September 1987, a Chronological Statement of Retirement Points published by U. S. Army Reserve Personnel Center (ARPERCEN) shows the applicant had attained 20 qualifying years of service for retirement at age 60 as of 30 March 1987. The applicant's Retiree Account Statement shows that he had Child Only RCSBP coverage. The applicant’s election to participate in the RCSBP Child Only Coverage was an irrevocable decision which rolled over into the SBP upon his reaching age 60.

  • ARMY | BCMR | CY2009 | 20090003898

    Original file (20090003898.txt) Auto-classification: Denied

    The applicant provided a copy of a DD Form 2656-3, dated 23 November 1999, which shows an election of spouse and child beneficiary category based on the full amount of retired pay with immediate coverage. Each statement showed the current SBP coverage elected by the retiree or the fact that no SBP election is reflected. As such, the election for spouse and child only made at the time of his retired pay application would not have been valid.

  • ARMY | BCMR | CY2008 | 20080006415

    Original file (20080006415.txt) Auto-classification: Denied

    Notification of Eligibility for Retired Pay at Age 60 Memorandum, dated 17 November 1988. c. DD Form 1883, dated 7 January 1989. d. Certificate of Marriage, dated 2 August 2000. e. Miscellaneous letters and Designation of Beneficiary Forms from the New York State Police and Fire Retirement System. This letter notified the FSM that he had completed the required years of service and would be eligible for retired pay upon application at age 60. Even if the FSM had been able to enroll the...