IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20090003452


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 he be permitted to enroll in the Survivor Benefit Plan (SBP) for his spouse.

2.  The applicant states he was married with dependent children while on active duty.  His spouse died in January 2004 and he retired on 30 September 2005.  At the time of his retirement, he elected SBP coverage for his children.  He remarried in August 2007, but he did not consider SBP.  When his oldest child turned 18, he began researching the SBP and discovered he could have enrolled his new spouse within a year of marriage.  He states he will pay any back premiums that may be due.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Chief Warrant Officer Three (CW3), having retired on 30 September 2005.

2.  In July 2005, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel).  On that form, he indicated he was single (no spouse) with three dependent children.  He also indicated he wished to provide SBP coverage for children only based on full gross pay.

3.  The applicant states he remarried in August 2007, but provided no proof.

4.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that a military retiree can have a portion of his or her monthly retired pay withheld in order to provide, after his or her death, a monthly survivor benefit to a surviving spouse, child(ren), or other eligible recipient(s).  The cost of this protection is shared by the retiree in the form of reductions from monthly military retired pay after retirement, the government, and possibly the beneficiary (under certain types of coverage).  The original intended purpose of the SBP (and its antecedents) is to ensure that the surviving dependents of military personnel who die in retirement or after becoming eligible for retirement will continue to have a reasonable level of income.  

	a.  Six separate types of coverage are available under the SBP for military members retired from an active duty military career, characterized according to the relationship of the beneficiary or beneficiaries to the military retiree:  Spouse Only; Spouse and Child(ren); Child(ren) Only; Persons with an Insurable Interest; Former Spouse; Former Spouse and Child(ren).  The type of coverage and the amount of coverage provided are factors used in determining the cost to the military retiree.  Generally, a retiree is automatically enrolled in the SBP upon retirement at the maximum level of coverage to his or her respective surviving spouse and surviving dependent children, unless the retiree elects not to participate, to participate at a lesser level of coverage, elects other than spouse coverage, or is ordered by a court to provide such benefits to a former spouse.

	b.  On remarriage a retiree may elect SBP spouse coverage for the first spouse acquired after retirement.  However, the election must be made before the first anniversary of the marriage.  This is accomplished by sending a letter or a DD Form 2656-6 to the Defense Finance and Accounting Service (DFAS), requesting SBP coverage for the spouse, and providing the spouse's name, social security number, date of birth and a copy of the marriage certificate.  A valid election for SBP coverage will become effective on the first anniversary of the marriage.  The SBP cost will start effective with the first full month after the first anniversary, if the marriage took place after the first day of the month.  The SBP cost will start on the first anniversary, if the marriage took place on the first day of the month.

	c.  Congress has periodically set enrollment periods (typically one year) to allow retirees to enroll in the SBP or increase their participation.  If a retiree misses a standard enrollment period (e.g., within one year of marriage), the next available opportunity would be during an open enrollment period.



5.  The Government uses several vehicles to keep military retirees informed of information regarding retired pay and the SBP.  For example, the September - December issue of "Army Echoes," the newsletter prepared by Army Retirement Services to keep Army retirees abreast of topics concerning them, contains a, reminder in the form of a note:  “Remember:  You are responsible for updating your retired pay file information at DFAS-Cleveland within one year of the event if you marry, remarry, have a child, are widowed or divorced and need to make or update a Survivor Benefit Plan (SBP) election.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant retired in September 2005 and elected child(ren) only coverage under the SBP because his wife was deceased.

2.  In August 2007, the applicant states he remarried and now would like to cover his new spouse under the SBP.

3.  The applicant had 1 year following his marriage in which to change his SBP to include his new spouse.  He did not do so, and claims he was unaware of the requirement because he was a widower upon retirement.

4.  There are many venues through which the Government notifies retirees concerning SBP requirements.  The “Army Echoes” issue dated September –December  2007, which was the first issue produced after the applicant’s remarriage, provided notice about updating his SBP.

5.  The applicant knew, or should have known, about the requirements to enroll his new spouse within 1 year of marriage.  He will now have to wait until an announced open enrollment period to accomplish this goal.

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)                                         AR20090003452



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ABCMR Record of Proceedings (cont)                                         AR20090003452



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