IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004861
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, in effect, enrollment in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states he was married on 5 November 2008. He went to Fort Benning, GA, for three things: a dependent identification card, TRICARE medical benefits, and SBP coverage for his spouse. A lady who presented herself as an authority on the subject told him he would never have an SBP annuity because he did not make an election at the time of retirement. He feels he was misinformed and given incorrect information.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United states Report of Transfer or Discharge)
* marriage license
* DD Form 1172 (Application for Uniformed Services Identification Card Defense Enrollment Eligibility Reporting System (DEERS) Enrollment)
* Army Echoes article pertaining to SBP
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born on 12 July 1930.
2. Having prior enlisted service, he was appointed as a Reserve commissioned officer with concurrent call to active duty on 1 February 1956. He served in a variety of stateside and overseas assignments and he attained the rank of lieutenant colonel (LTC).
3. On 15 October 1971, he submitted a request for voluntary retirement. In his request he indicated he had not accomplished the election of options under the Retired Serviceman's Family Protection Plan (RSFPP). He did not elect to participate in the RSFPP.
4. He retired on 29 February 1972 and was placed on the Retired List in the rank of LTC on 1 March 1972. He completed 24 years, 8 months, and 13 days of total service. His marital status at the time of his retirement and at the time of the enactment of the SBP is unknown.
5. On 5 November 2008, he married his spouse, Lucile.
6. He submitted a DD Form 1172 that shows he enrolled his spouse in DEERS on 10 December 2008 at Fort Benning. However, there is no evidence he completed and submitted a or DD Form 2656-6 (SBP Election Change Certificate) to the Defense Finance and Accounting Service (DFAS) within 1 year of his marriage.
7. Public Law 83-239, enacted on 8 August 1953, established the Uniformed Services Contingency Option Act (USCOA).
8. Public Law 87-381, enacted on 4 October 1961, established the RSFPP. The USCOA automatically converted to the RSFPP with the same election options and annuity amounts as the USCOA.
9. Public Law 92-425, enacted on 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 under very specific circumstances. Those previously retired were given the option to enroll in the SBP.
10. Public Law 97-35, enacted on 12 August 1981, established an open enrollment season for SBP from 1 October 1981-30 September 1982. Public 101-189, enacted on 29 November 1989, established an open enrollment season from 1 October 1991-30 September 1992 (amended to 1 April 1992-
31 March 1993). Public Law 108-375, enacted on 28 October 2004, established
an open enrollment season from 1 October 2005-30 September 2006. All of these open enrollment seasons were extensively publicized in Army Echoes to ensure all retirees were informed of their existence.
11. The September December 2008 issue of Army Echoes reminded members to tell DFAS that if they married and wished to enroll in or change an SBP election they had to do so within one year of marriage.
DISCUSSION AND CONCLUSIONS:
1. The applicant and his current spouse were married on 5 November 2008. Had this been his first marriage, he would have been authorized up to 1 year from the date of marriage to enroll his spouse in the SBP. If the applicant had been married when the SBP was established in 1972 and he opted not to enroll in the program, he would have in effect been foreclosed from enrolling in this program except during an open season.
2. Periodically, Congress enacts laws that establish open enrollment seasons during which certain rules regarding enrollment or disenrollment are announced. Open seasons generally permit retirees who are not participating to enroll and those not fully participating to increase the level of coverage. A buy-in cost, typically capturing premiums back to the point a retiree was first eligible for coverage, is associated with open season enrollment. The last open enrollment season was October 2005 through September 2006. It is unknown if and when the next open season may be offered.
3. 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 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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