BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100018044
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 to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states:
* He retired as a single Soldier in 1986
* He remarried on 14 February 2009 but he did not request coverage for his spouse until 12 May 2010
* He knew he was required to submit changes to his retired pay but he was unaware of the one year time frame for the SBP
* This was not done intentionally but his intent is to do the right thing for his spouse
* He missed the cut by four months but he hopes the Board will honor his request without having to wait until an Open Season
3. The applicant provides a marriage certificate in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in July 1957 and remained on active duty through continuous reenlistments.
2. The applicants DA Form 4240 (Data for Payment of Retired Army Personnel), dated 21 January 1986, shows he was not married, he had dependent children, and he declined SBP coverage.
3. The applicant retired on 30 April 1986 in the rank of master sergeant.
4. The applicant married on 14 February 2009.
5. The applicant concedes he did not submit a written election to participate in the SBP within one year of his 2009 marriage.
6. 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.
7. 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.
8. 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
."
DISCUSSION AND CONCLUSIONS:
1. The applicant married on 14 February 2009 and he had one year from his date of marriage to enroll in the SBP for spouse coverage.
2. By his own admission, he tried to enroll in the SBP in May 2010.
3. There is no evidence of Government error nor is there injustice. Regrettably, there is no basis for granting the applicant's request. He 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) AR20100018044
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018044
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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The applicant states: * He submitted the paperwork to the Defense Finance and Accounting Service (DFAS) 45 days too late * DFAS advised him that he has to wait until Congress declares an Open Season * When he retired in April 2009 (actually April 2007), he was single and he did not elect enrollment in the SBP * When he married in May 2009, he enrolled his spouse in the Defense Enrollment Eligibility Reporting System and he was assured all benefits to his spouse were taken care of * As a...
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ARMY | BCMR | CY2008 | 20080013572
The applicant requests, in effect, correction of his records to show that within one year of his marriage, he changed his Reserve Components Survivor Benefit Plan (RCSBP) election from children only coverage to spouse only coverage. A DD Form 2656, dated 10 February 2000, shows that the applicant requested full SBP coverage for spouse only. Records show that at the time of his receipt of his 20-Year Letter, he was not married but did have two dependent children.
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 | CY2009 | 20090008296
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 | 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 | DRB | CY2005 | 20050006132
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM retired on 1 October 1979. There is no evidence of record to show it was the FSM's intent to provide the SBP to the applicant.
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