IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120020894
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 correction of his records to show his current wife is the beneficiary of his Survivor Benefit Plan (SBP).
2. The applicant states that:
a. He and his first wife were divorced in August 2008. At the time of the divorce he had no one to list as SBP beneficiary. He married his current wife in July 2009. They went to Fort Knox, Kentucky to enroll her in the Defense Enrollment Eligibility Reporting System (DEERS) and to get her an identification card. He also had her listed as his beneficiary, including SBP. At the time, the clerk told him everything had been changed. However, he has learned his wife was never added to the SBP.
b. He believes this was an error on the part of the officials at Fort Knox. He also believes the correction should be made to enroll his spouse as his SBP beneficiary. If something should happen to him, she would lose all monetary support and medical benefits.
c. He would like this done as soon as possible, as he has been diagnosed with pancreatic cancer. (Evidence on file shows he died on 12 February 2013).
3. The applicant provides copies of:
* The marriage certificate with current spouse
* DD Form 2656 (Data for Payment of Retired Personnel)
* Final Divorce Decree
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 March 1989. He served in various assignments and attained the rank of staff sergeant/E-6.
2. He was retired due to permanent disability effective 26 July 2009. He had completed a total of 19 years and 27 days of net active service.
3. The applicant provides the following documents:
a. Certified Copy of a Final Divorce Decree showing he divorced Teresa on 12 August 2008. The decree is silent concerning the SBP.
b. Marriage Certificate, dated 27 July 2009, showing he married Lucinda on 22 July 2009.
c. DD Form 2656, dated 17 December 2012, showing an "X" was placed in item 26 (Beneficiary Category) indicating he had dependent children and his spouse (Lucinda ) is listed in item 28 (Insurable Interest Beneficiary).
4. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he and his wife went to Fort Knox, Kentucky, to enroll her in DEERS and to get her an identification card. He also had her put down as his beneficiary, including for SBP, and he was told everything was taken care of. Now he has learned she was not added to the SBP.
2. The evidence shows he married Lucinda on 22 July 2009 and he retired
26 July 2009. He was married to Lucinda when he retired. Accordingly, in the absence of any evidence showing she declined spouse coverage under SBP, Lucinda became his spouse beneficiary by operation of law.
3. In view of the foregoing, and out of an abundance of caution given the applicant's poor health at the time, it would be appropriate to correct the applicant's records to show he elected SBP coverage for his spouse at the time of retirement.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by showing the applicant completed and returned a DD Form 2656 and related documents to the proper office on 25 July 2009, that they were received and processed by the proper office in a timely manner, and paying the applicants widow the SBP annuity, if eligible, retroactive to the day after his death.
____________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) AR2002076477
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120020894
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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