DOCKET NUMBER: AR20090002623
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 to have his spouse added to his Survivor Benefit Plan (SBP).
2. The applicant states, in effect, he was not married at the time of his retirement and elected children only beneficiary coverage. He states that he was not informed, i.e., he was not properly briefed that he would have to add his spouse within one year of his marriage anniversary to have her covered under SBP.
3. The applicant provides a marriage certificate in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Navy on 20 November 1984 and served four years. On 28 December 1988, he enlisted in the Regular Army (RA) for four years and was awarded military occupational specialty (MOS) 25Q (multichannel communications systems operator). The highest rank/grade he attained while serving on active duty was master sergeant (MSG)/E-8.
2. The applicant continued to serve on active duty through subsequent reenlistments. He was honorably released from active duty on 31 May 2005 by reason of sufficient service for retirement. He was placed on the Retired List on the following day after completing 24 years, 6 months, and 11 days of total active service.
3. A completed DD Form 2656 (Data for Payment of Retired Personnel), certified on 18 March 2005, shows he elected children only coverage (item 26c) with an annuity based on full gross retired pay without supplemental SBP (item 27a). Item 22a (spouse) contains the entry "N/A" indicating that he was not married at that time.
4. The Certificate of Marriage provided by the applicant shows he married on
30 June 2007.
5. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
6. Issues of Army Echoes (the Army bulletin published three times a year and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army), consistently contain a reminder to retirees that they are responsible for updating their retired pay file, using the Kentucky mailing address provided, within one year of the event if they marry, remarry, have a child, are widowed or divorced and need to make or update a SBP election. The Jan-Apr and May-Aug 2008 editions (both within the one year anniversary of the applicant's marriage) additionally contain the following highlighted verbiage: "Too often, we hear about survivors who were denied SBP benefits because the Retired Soldier did not update retired pay records after getting married, divorced, remarried, being widowed or gaining a child." Periodically, these Bulletins also contain articles explaining the SBP and the importance of keeping accounts up to date.
7. Retired Pay Newsletters consistently contain reminders to keep retired pay records updated in the event of life changes, such as marriage, divorce, remarriage, becoming widowed, or acquiring a child.
8. 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 one year after the date on which that person marries or acquires that dependent child.
DISCUSSION AND CONCLUSIONS:
1. The applicant was not married when he elected to participate in the SBP for children only coverage in March 2005. He married in June 2007.
2. By law, the applicant could have enrolled in the SBP for spouse coverage within one year of his marriage.
3. The applicant contends he was not properly counseled and thus not aware he needed to make an election to enroll his spouse in the SBP within one year of their marriage. However, the applicant would have received numerous issues of the Army Echoes bulletin which reminded retirees if they married or remarried and needed to make an SBP election they were responsible for contacting the Defense Finance and Accounting Service, clearly indicating that an SBP election could be made upon remarriage and clearly implying that the new wife could be covered. Retired Pay Newsletters also provided these reminders. Plus, the applicant could have had any questions concerning the SBP clarified by calling a Retirement Services Officer or the Defense Finance and Accounting Service.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief. He should closely read future editions of Army Echoes that may announce the beginning of an SBP Open Season.
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) AR20090002623
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ABCMR Record of Proceedings (cont) AR20090002623
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