IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100011942
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 records be corrected to show he elected spouse Survivor Benefit Plan (SBP) coverage instead of children-only coverage.
2. The applicant states his spouse, Julie, is not listed on his SBP coverage. He left Fort Belvoir, VA in June 2005 where he went through the process of trying to ensure his retirement paperwork was in order for himself and his family. At the time, he was single and placed his son, Joshua, as the beneficiary of his SBP. On 12 July 2005, he moved to England and on 31 July 2005 he retired. He was married to his current spouse on 12 August 2005. He contacted the nearest military installation, a U.S. Navy base in England and updated his new wife's dependent ID. He assumed the SBP coverage was updated at the time. However, recently, in December 2009, he found out his wife is not covered by his SBP. He would like this corrected and he realizes there may be an extra cost associated with this change. He also states that the failing to take appropriate action is his own but he does not want this failing to affect his family.
3. The applicant provides a copy of his January 2010 Retiree Account Statements; copies of his spouse military identification card, passport, and birth certificate; and a certified copy of his marriage certificate
CONSIDERATION OF EVIDENCE:
1. The applicants records show he enlisted in the Regular Army on 31 July 1985 and held military occupational specialty 31B (Military Police). He served through multiple extensions or reenlistments and attained the rank/grade of staff sergeant (SSG)/E-6.
2. His records also show he was retired on 31 July 2005 and placed on the retired list in his retired rank/grade of SSG/E-6 on 1 August 2005. He was credited with 20 years of faithful honorable service.
3. Prior to retirement, he completed a DD Form 2656 (Data for Payment of Retired Personnel). He indicated that he was not married but had a dependent child. He further elected children-only coverage, full amount, under the SBP.
4. On 12 August 2005, he married his spouse, Julie. However, there is no indication he notified officials at the Defense Finance and Accounting Service (DFAS) of his marriage or that he requested a change of SBP coverage from children to spouse within one year of his marriage.
5. His January 2010 Retiree and Account Statements shows he has children only SBP coverage based on the full amount.
6. A phone call on 22 September 2010 between the analyst of record and the Army SBP Program Manager, Army G-1 Retirement Services Branch, Alexandria, VA, confirmed the applicant elected children-only SBP coverage and has been paying SBP premiums based on this coverage.
7. 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. An election, once made, was irrevocable except in certain circumstances. Since its creation, it has been subjected to a number of substantial legislative changes.
8. The National Defense Authorization Act for Fiscal Year 2005 established an Open Season for enrollment to be conducted 1 October 2005 to 30 September 2006. The retiree must pay monthly premiums starting on the date of enrollment and a buy-in premium covering all the costs that would have been paid for the election if it had been made at the first opportunity to do so.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to reflect spouse SBP coverage instead of children coverage.
2. The evidence of record shows when the applicant retired on 1 August 2005, he did not have a spouse at the time and he chose the SBP election of children coverage. When he married his spouse on 12 August 2005, he had two overlapping opportunities to change his SBP coverage to spouse coverage:
a. It is unclear why he did not notify DFAS of his marriage that occurred 12 days after retirement or why he did not request a change to the SBP coverage within one year of his marriage, especially given that he had made a child only election just a few weeks earlier.
b. Legislation established an Open Season to be conducted from 1 October 2005 to 30 September 2006, thus allowing him an additional 6 weeks to enroll his spouse in the SBP. He did not do so.
3. When he failed to add his spouse within one year of their marriage, he irrevocably forfeited future spouse coverage except during a Congressionally-approved open enrollment period. There has not been an Open Season since the last one that expired on 30 September 2006. Enrollment of the spouse as beneficiary would not be possible until an Open Season is announced.
4. In view of the foregoing evidence, he is not entitled to the requested relief.
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.
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