IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20090017904
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 Benefits Plan (SBP) election be changed to spouse coverage.
2. The applicant states he sent a letter and a copy of his marriage certificate to the Defense Finance and Accounting Service (DFAS) with the intent to add his new wife to the SBP coverage shortly after his remarriage. He did not learn until after over a year that a specific form was needed. He states that the forms that were supposedly sent to him were never received.
3. The applicant provides copies of his letter to DFAS, dated 28 April 2008; his marriage certificate; and a DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate), dated 10 June 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant, a 37-year career Reserve/National Guard officer, was born on 21 February 1948 and served from 25 July 1967 through 28 February 2005.
2. In 1987, when the applicant received his Notification of Eligibility for Retired Pay at Age 60 (commonly referred to as the 20-year letter), he elected to defer his Reserve Component Survivor Benefit Plan (RCSBP) until he reached age 60 and applied for retired pay.
3. On 2 September 2006, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel), indicating he was not married and electing not to participate in the SBP.
4. The applicant turned age 60 on 21 February 2008.
5. He married CJ N-------- on 22 April 2008.
6. A week later, on 28 April 2008, he sent a letter to DFAS stating that he had remarried and would like to add his spouse as a beneficiary under SBP. He provided information on his spouse and a copy of their marriage certificate.
7. The copy of the DD Form 2656-6, provided by the applicant, is dated 10 June 2009. It shows an election of full coverage for his spouse.
8. The applicant reports that he has been advised that because he did not properly file the requisite form within one year of his marriage, his election for SBP coverage was denied.
9. In a phone conversation with a staff member at DFAS, it was confirmed that the applicant had requested an SBP change in May 2008. However, a properly completed DD Form 2656-6 was not received until late June 2009. Because it had been in excess of one year after his marriage, his request was denied.
10. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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.
11. Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity.
12. 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 in writing, signed by the person making the election, and received by the Secretary concerned within one year after the date that person marries or acquires a dependent child.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he sent a letter and a copy of his marriage certificate to DFAS with the intent to add his new wife for SBP coverage shortly after his remarriage. He did not learn until after over a year that a specific form was needed. He states that the forms that were supposedly sent to him but were never received.
2. DFAS confirms that the applicant notified them of his remarriage a week after the marriage took place. DFAS records show that the applicant provided a completed copy of the DD Form 2656-6 approximately 14 months after his marriage.
3. The applicant took actions to enroll his spouse in the SBP in a timely manner. However, it appears that due to some type of communications break down the formal application was not completed and received by DFAS within one year of his marriage.
4. It is not equitable to penalize this Soldier for the delay in completing the formal application in light of the fact that he had notified DFAS of his remarriage within a week of his marriage. Therefore, it is appropriate to correct the record to show the applicant submitted a properly completed DD From 2656-6 within one year of his marriage and that he elected full spousal coverage.
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
showing the applicant timely submitted a properly completed DD From 2656-6 within one year of his marriage electing full spousal coverage and that the application was received and properly processed by the Defense Finance and Accounting Service.
____________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) AR20090017904
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ABCMR Record of Proceedings (cont) AR20090017904
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