IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120019716
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 added a new spouse to his Survivor Benefit Plan (SBP) election within one year of their marriage.
2. The applicant states, in effect, he divorced his former spouse in November 2005; however, she made a deemed election for coverage and remained listed as the beneficiary for the SBP. In April 2011, he married his current spouse and was told he could not list his new spouse as a beneficiary for the SBP as long as his former spouse was still entitled to coverage. On 19 June 2012, his former spouse passed away from lung cancer. Upon contacting the SBP Branch to add his current spouse as beneficiary he was denied the opportunity because he had not added her within one year of their marriage.
3. The applicant provides:
* a self-authored statement
* Marriage License
* Death Certificate
* DD Form 2656-6 (SBP Election Change Certificate)
* a letter from the Defense Finance and Accounting Service (DFAS)
CONSIDERATION OF EVIDENCE:
1. Having prior Regular Army service, the applicant enlisted in the U.S. Army Reserve on 23 October 1988.
2. On 20 November 2002, while serving in the rank of master sergeant (MSG), the U.S. Army Reserve Personnel Command issued the applicant a 20-year letter. This letter notified him that he had completed the required years of service and would be eligible for retired pay upon application at age 60.
3. Evidence obtained from DFAS shows the applicant's former spouse notified DFAS in a letter dated 14 March 2006, of her deemed election for SBP coverage within one year of their divorce. The date of divorce is listed in the letter as
9 November 2005.
4. The applicant was placed on the Retired List in the rank of MSG on 1 August 2007.
5. On 12 April 2011, the applicant married his current spouse.
6. On 19 June 2012, the applicant's former spouse passed away.
7. On 6 July 2012, the applicant submitted a DD Form 2656-6 in an attempt to gain SBP coverage for his new spouse.
8. On 17 September 2012, he was notified by DFAS that his request to add his spouse to the SBP could not be processed because it was received after the one-year anniversary date of his marriage.
9. 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. Elections are made by category, not by name.
10. 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's request that he be permitted to elect coverage for his new spouse under the SBP has been carefully considered.
2. The evidence shows the applicant queried DFAS about SBP enrollment after the marriage to his new spouse and received a negative response.
3. By law, enrollment for coverage in this case is not possible except during a Congressionally-approved open enrollment period. There has not been an Open Season since the last one which expired on 30 September 2006. Enrollment of the spouse as beneficiary will not be possible until another Open Season is authorized. He should read Army Echoes, the Army bulletin published to keep retirees informed of their rights and privileges and to inform them of developments in the Army to learn when the next Open Season may be.
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.
ABCMR Record of Proceedings (cont) AR20120019716
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ABCMR Record of Proceedings (cont) AR20120019716
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