IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100009413
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 his military records be corrected by changing his Reserve Component Survivor Benefit Plan (RCSBP) election from children only to spouse coverage.
2. The applicant states:
* He did a change of record with his unit clerk in November 2000 but for some reason the clerk did not send it forward
* He got married in September 2000
3. The applicant provides:
* Retiree Account Statement
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 30 July 1949. Having prior active and inactive service, the applicant enlisted in the Mississippi Army National Guard on 6 May 1986.
2. On 18 January 1995, the applicant received his notification of eligibility for retired pay at age 60 (his 20-year letter).
3. The applicant's DD Form 1833 (SBP Election Certificate), dated 4 June 1995, shows he enrolled in the RCSBP for children only coverage, option C, full base amount. Section II of this form stated, "IMPORTANT: The decision you make with respect to participation in this Survivor Benefit Plan is a permanent irrevocable decision. Please consider your decision and its effect very carefully. This form also shows he was not married at the time.
4. The applicant was honorably discharged from the Mississippi Army National Guard on 27 May 2009 and transferred to the Retired Reserve
5. The applicant married in September 2000.
6. The applicant turned age 60 on 30 July 2009.
7. The applicant provided a copy of his Retiree Account Statement, dated 1 April 2010, which shows he has children only SBP coverage.
8. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
9. 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 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 member's 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Once a member elects either options B or C in any category of coverage, that election is irrevocable. Option B
and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in RCSBP, and RCSBP coverage automatically rolls into SBP coverage.
10. 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.
11. The Defense Finance and Accounting Service (DFAS) interprets the first part of Title 10, U. S. Code, section 1448(a)(5) to mean,
who is not married OR has no dependent child
.
12. Public Law 108-375, enacted 28 October 2004, established an Open Season to be conducted 1 October 2005 to 30 September 2006. It required that enrollees live two years from the effective date of election for beneficiaries to be eligible for an annuity. Extensive publicity was given in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 1883 shows he enrolled in the RCSBP for children only coverage on 4 June 1995. Except as provided for by law, that was an irrevocable election that rolled over into the standard SBP upon reaching age 60.
2. The applicant married in September 2000 and he had one year from his date of marriage to enroll in the RCSBP for spouse coverage.
3. Although the applicant contends he sent the proper paperwork in two months after his marriage, he provided no evidence (letters to DFAS, etc) to support his contention.
4. Since there is no evidence which shows the applicant attempted to enroll in the SBP within one year of his marriage, regrettably, there is no basis for granting the applicant's request. The applicant should continue to read Army Echoes which would alert him to the possibility of enrolling his spouse in the SBP during an Open Enrollment Season, if and when Congress should declare another Open Enrollment 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) AR20100009413
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009413
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000734
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 applicants 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 | CY2010 | 20100006903
The applicant requests that his military records be changed to show he elected spouse and children coverage under the Survivor Benefit Plan (SBP). On 27 February 2009, the applicant completed a DD Form 2656-6 and indicated that he was married and elected spouse and children SBP coverage based on the full gross pay without supplemental SBP. A DD Form 2656-5 shows that 14 September 2006 the applicant elected children only SBP coverage under Option C. He did not have a spouse at the time.
ARMY | BCMR | CY2010 | 20100013797
The applicant requests his military records be corrected by changing his Reserve Component (RC) Survivor Benefit Plan (SBP) election from "children only" to "spouse" coverage. A DD Form 1883, dated 7 March 1987, shows the applicant enrolled in the RCSBP for "spouse and children" coverage, option C, full base amount. The applicant married in October 1984 and he had 1 year from his date of marriage to enroll in the RCSBP for spouse coverage.
ARMY | BCMR | CY2013 | 20130004269
The applicant provides copies: * DD Form 2656-6, dated 19 February 2013 * a State of Colorado Marriage License and Marriage Certificate CONSIDERATION OF EVIDENCE: 1. All of these open enrollment seasons were extensively publicized in Army Echoes to ensure all retirees were informed of their existence and also in the Army Times. He was authorized up to 1 year from the date of marriage to enroll his spouse and stepchildren in the RCSBP.
ARMY | BCMR | CY2013 | 20130015598
A DD Form 2656-9 (SBP and RCSBP Open Enrollment Election), dated 25 January 2006, shows he elected spouse-only coverage. He provided a letter from DFAS, dated 12 July 2013, which states: * their records indicate he elected RCSBP child coverage on his DD Form 1883 on 7 February 1988 * at that time he was not married * on his original DD Form 2656 he elected SBP for his spouse and he indicated his marriage occurred on 19 May 1989 * there is a 1-year window of eligibility * notification, along...
ARMY | BCMR | CY2011 | 20110011249
His record also shows he was placed on the Retired List in his retired rank of MAJ on 28 December 2010, his 60th birthday. The evidence of record shows upon receipt of his 20-year letter, the applicant executed a DD Form 1883 on 21 July 1992, electing "children only" coverage under option C (immediate coverage). In this case, the applicant and his spouse were married on 9 September 1995.
ARMY | BCMR | CY2009 | 20090003898
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 | CY2015 | 20150003739
The applicant states: * he was transferred to the Retired Reserve in September 1999 but he was not married at the time; he requested Reserve Component SBP (RCSBP) for his child who was a minor * he married his spouse in January 2005; shortly thereafter, they went to Fort Buchanan PR to obtain an ID card * they provided a copy of their marriage certificate, updated the Defense Eligibility Enrollment Reporting System (DEERS) and they were told the SBP was taken care of; they left Fort Buchanan...
ARMY | BCMR | CY2010 | 20100013913
IN THE CASE OF: BOARD DATE: 23 September 2010 DOCKET NUMBER: AR20100013913 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In connection with his application, the FSM completed a DD Form 2656-6 and indicated he was married to the applicant and elected "spouse only" SBP coverage based on the full gross pay without supplemental SBP. The evidence of record shows that upon receipt of his 20-year letter, the FSM executed a DD Form 1883 on 20 July 1989, electing "children only" coverage under option B.
ARMY | BCMR | CY2011 | 20110012014
The evidence of record shows upon receipt of his 20-year letter, the applicant executed a DD Form 1883 on 2 November 1990, electing "children only" coverage under option C (immediate coverage). He married 3 years later on 19 March 1993. In this case, the applicant and his spouse were married on 19 March 1993.