Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011541
Original file (20100011541.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  08 April 2010

		DOCKET NUMBER:  AR20100011541 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

12.  On 29 March 2010, new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008688, dated 3 December 2009.

13.  DFAS stated they cannot show the applicant made a spouse and children election under the RCSBP on 1 October 2005 because he did not have an eligible child at that time. 

ADDITIONAL DISCUSSION AND CONCLUSIONS:

4.  At the time of the ABCMR's decision in Docket Number AR20090008688, dated 3 December 2009, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

5.  The ABCMR's decision in Docket Number AR20090008688 incorrectly recommended that the applicant's records be corrected to show he requested children and spouse coverage under the RCSBP on 1 October 2005.

6.  However, the applicant already had child coverage from his original RCSBP election.  He needed only to add spouse coverage.  

7.  In view of the additional factors in this case, it is now apparent the applicant's records should have been corrected to show that he added spouse coverage under the RCSBP on 1 October 2005 during the Open Season. 
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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20090008688, dated 3 December 2009 by amending paragraph a of the BOARD DETERMINATION/RECOMMENDATION to read, "showing that he requested to add spouse coverage under the RCSBP on 1 October 2005 during the Open Season, and"




      _______ _   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)                                         AR20100011541



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


1

ABCMR Supplemental Record of Proceedings (cont)                 AR20100011541



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140010882

    Original file (20140010882.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show he made a Reserve Component Survivor Benefit Plan (RCSBP) change of election from spouse to spouse and child coverage. The applicant provides copies of: * DD Form 1883 dated 26 February 1990 * Certificate of Translation Accuracy, dated 3 April 1996 (12 pages) * Final Order of Adoption, Circuit Court of Arlington, Virginia, dated 7 August 1997 * Letter from a medical doctor, dated 23 December 2003 * DD Form 2656...

  • ARMY | BCMR | CY2011 | 20110016959

    Original file (20110016959.txt) Auto-classification: Approved

    The applicant provides: * marriage certificate * DD Form 1883 (SBP Election Certificate), dated 3 January 1995 * DD Form 2656 (Data for Payment of Retired Personnel), dated 4 October 2007 * Defense Finance and Accounting Service (DFAS)-Cleveland (CL) Form 7220/148 (Retiree Account Statement), dated 2 December 2010 * letter to DFAS, dated 21 January 2011 * letter from DFAS, dated 22 March 2011 CONSIDERATION OF EVIDENCE: 1. On 4 October 2007, he completed a DD Form 2656 electing spouse...

  • 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 | CY2007 | 20070006453

    Original file (20070006453.TXT) Auto-classification: Denied

    The applicant states, in effect, that upon retirement from the Utah Army National Guard (UTARNG), he was unmarried and thus elected the children only coverage of the Reserve Component SBP. This application was dated 2 March 2007 by the applicant and received by the Army Board for Correction of Military Records (ABCMR) on 27 April 2007. On 20 December 2005, HRC emailed DFAS (responding to HRC's email dated 14 November 2005) and asked "If the FSM elects to cover spouse during the open...

  • 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 | CY2008 | 20080011187

    Original file (20080011187.txt) Auto-classification: Approved

    In a letter dated 10 May 2006, the applicant was informed that his request for enrollment in the RCSBP Open Season was returned because he attempted to change his election from Option C to Option B. The applicant was advised that while he had verified his Open Season election was filed and returned, he had not submitted any evidence to show that he was informed he should not resubmit his election form or that he could change his RCSBP option at age 60 to elect full coverage. The applicant...

  • ARMY | BCMR | CY2011 | 20110011701

    Original file (20110011701.txt) Auto-classification: Denied

    BOARD DATE: 8 December 2011 DOCKET NUMBER: AR20110011701 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was asked about his SBP election at that time and he elected spouse coverage. The evidence of record shows the first time the applicant requested a change to his RCSBP election to spouse coverage was when he applied for retired pay on 11 March 2010.

  • ARMY | BCMR | CY2013 | 20130016615

    Original file (20130016615.txt) Auto-classification: Denied

    d. DD Form 2656-6, dated 31 August 2013, that shows the applicant requested a change in SBP coverage from Child Only to Spouse and Children based on marriage and acquiring a dependent. The applicant states in his application that he printed out a DD Form 149 and sent it in December 2009, which would indicate that he applied to the Army Board for Correction of Military Records (ABCMR) at that time. Moreover, an application to the ABCMR would not have been appropriate at that time since the...

  • ARMY | BCMR | CY2009 | 20090008296

    Original file (20090008296.txt) Auto-classification: Denied

    On 16 October 2007, the applicant completed a DD Form 2656 and elected SBP coverage for his spouse based on the full gross pay without supplemental SBP. The applicant completed DD Form 2656 electing spouse coverage on 16 October 2007 and completed a DD Form 2656-6 on 29 April 2009; however, there was no Open Season in effect at the time he completed the DD Form 2656 and/or the DD Form 2656-6. In order to justify correction of a military record the applicant must show to the satisfaction of...

  • ARMY | BCMR | CY2009 | 20090005516

    Original file (20090005516.txt) Auto-classification: Denied

    On 30 October 2007, during his retirement processing, the FSM completed a DD Form 2656 in which he elected “Spouse Only” SBP coverage. There is no evidence to show he attempted to follow up on a request to add spouse coverage to his RCSBP. The evidence shows he did not attempt to change his SBP coverage until 25 October 2007, more than 6 years after his marriage to his current spouse and after a highly-publicized SBP Open Season that was in effect from October 2005 through September 2006 ended.