BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022473
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, correction of his records to show he elected to participate in the Survivor Benefit Plan (SBP).
2. The applicant states it was his understanding when he declined election of the SBP, that he had the option to change that election within 90 days following retirement. He retired on 1 September 2012. His spouse was also in attendance at the briefing because her signature was required when he declined the SBP. He declined SBP coverage because he believed he had time to change his election after researching the program. If he had fully understood that he could not change his election, he would have not made the election to decline the SBP.
3. The applicant provides a letter to the installation Retirement Services Officer (RSO) and his DD Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Regular Army and in the Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned officer of the ARNG and executed the oaths of office on 1 September 1984.
2. He and his spouse were married on 2 July 1987.
3. On 30 July 1996, the ARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). This letter notified the applicant that he had completed the required years of Reserve Component service and would be eligible for retired pay upon application at age 60.
4. He entered active duty as a member of the ARNG on 7 February 2000. He served in a variety of positions and he attained the rank of lieutenant colonel (LTC).
5. On 4 May 2012 in connection with his retirement processing, he completed a DD Form 2656. He indicated he was married and he had eligible dependents under the SBP; however, he elected not to participate in the plan. He, his spouse, and a witness (the RSO) authenticated this form with their signatures.
6. On 31 August 2012, he was honorably retired and he was placed on the Retired List in the rank/grade of LTC on 1 September 2012. He was credited with over 21 years and 8 months of active service.
7. On 22 October 2012 shortly after he retired, he wrote a letter to the RSO indicating he did not fully understand the SBP and wanted to change his election to enroll in the SBP.
8. 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. This law also provides that every member having a spouse and/or child(ren), who retired/transfers to the Retired List on or after that date is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the Retired List.
9. Periodically Congress passes laws that establish open enrollment seasons which allow SBP enrollment or changes. Public Law 108-375, enacted 28 October 2004, established an open enrollment season from 1 October 2005 through 30 September 2006. Open enrollment seasons are extensively publicized in Army Echoes to ensure all retirees are informed of their existence.
DISCUSSION AND CONCLUSIONS:
1. By law, every member having a spouse and/or child(ren) who retired/transfers to the Retired List is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the Retired List. An election, once made, is irrevocable except in certain circumstances.
2. In connection with his retirement, the applicant indicates he and his spouse received a briefing regarding the SBP. The decision to enroll in or disenroll from the SBP is a personal decision made by the member and his /her family. He provides insufficient evidence that shows he was improperly briefed concerning the irrevocability of his SBP election.
3. Only a decision by Congress to establish an open enrollment season would allow a retiree to make a new election after retirement. Such periods are rare. The most recent open enrollment season was in 2005. It is unknown if or when another open enrollment season will be, but the applicant is encouraged to read each issue of Army Echoes to determine if an open enrollment season has been declared.
4. In view of the foregoing evidence, the applicant 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.
ABCMR Record of Proceedings (cont) AR20120022473
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022473
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011701
BOARD DATE: 8 December 2011 DOCKET NUMBER: AR20110011701 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was asked about his SBP election at that time and he elected spouse coverage. The evidence of record shows the first time the applicant requested a change to his RCSBP election to spouse coverage was when he applied for retired pay on 11 March 2010.
ARMY | BCMR | CY2008 | 20080019127
The applicant states, in effect, that he has tried unsuccessfully to correct his record to show enrollment in the SBP, with spouse coverage, since the date of his marriage, on 9 April 2005. On 17 July 2008, by letter, DFAS notified the applicant that a review of his retired pay account indicated he had elected SBP for child(ren) coverage since he had no eligible spouse at the time of his retirement from the Regular Army. In his letter the applicant stated, in effect, that he married, on 9...
ARMY | BCMR | CY2011 | 20110016959
The applicant provides: * marriage certificate * DD Form 1883 (SBP Election Certificate), dated 3 January 1995 * DD Form 2656 (Data for Payment of Retired Personnel), dated 4 October 2007 * Defense Finance and Accounting Service (DFAS)-Cleveland (CL) Form 7220/148 (Retiree Account Statement), dated 2 December 2010 * letter to DFAS, dated 21 January 2011 * letter from DFAS, dated 22 March 2011 CONSIDERATION OF EVIDENCE: 1. On 4 October 2007, he completed a DD Form 2656 electing spouse...
ARMY | BCMR | CY2012 | 20120022514
The evidence of record shows the applicant, upon his retirement, completed a DD Form 2656, wherein he elected "children only" SBP coverage. He became eligible to make a change in SBP election from "children only" coverage to "spouse and children" coverage within 1 year of his marriage (15 June 2012). When he failed to change his SBP coverage to add his spouse within 1 year of their marriage, he irrevocably forfeited future spouse coverage except during a Congressionally-approved open...
ARMY | BCMR | CY2015 | 20150003739
The applicant states: * he was transferred to the Retired Reserve in September 1999 but he was not married at the time; he requested Reserve Component SBP (RCSBP) for his child who was a minor * he married his spouse in January 2005; shortly thereafter, they went to Fort Buchanan PR to obtain an ID card * they provided a copy of their marriage certificate, updated the Defense Eligibility Enrollment Reporting System (DEERS) and they were told the SBP was taken care of; they left Fort Buchanan...
ARMY | BCMR | CY2012 | 20120004861
He retired on 29 February 1972 and was placed on the Retired List in the rank of LTC on 1 March 1972. Public Law 97-35, enacted on 12 August 1981, established an open enrollment season for SBP from 1 October 1981-30 September 1982. All of these open enrollment seasons were extensively publicized in Army Echoes to ensure all retirees were informed of their existence.
ARMY | BCMR | CY2014 | 20140003223
The applicant requests correction of his record to show he elected spouse coverage under the Survivor Benefit Plan (SBP) instead of child(ren)-only SBP coverage. In section XI (SBP Spouse Concurrence), his spouse concurred with the SBP election made by the applicant. There is no evidence that he did not receive an SBP briefing; however, the SBP election form is self-explanatory.
ARMY | BCMR | CY2009 | 20090003898
The applicant provided a copy of a DD Form 2656-3, dated 23 November 1999, which shows an election of spouse and child beneficiary category based on the full amount of retired pay with immediate coverage. Each statement showed the current SBP coverage elected by the retiree or the fact that no SBP election is reflected. As such, the election for spouse and child only made at the time of his retired pay application would not have been valid.
ARMY | BCMR | CY2009 | 20090002862
The applicant states that prior to his August 1999 discharge from the Army National Guard (ARNG) he completed a DD Form 2656 (Data For Payment of Retired Personnel) on 9 November 1998 electing SBP coverage for his spouse and was informed by his officials at his unit that his spouse would be covered. Once a member elects either Options B or C in any category of coverage, that election is irrevocable. The evidence of record shows that upon receipt of his 20-year letter, the applicant...
ARMY | BCMR | CY2013 | 20130016615
d. DD Form 2656-6, dated 31 August 2013, that shows the applicant requested a change in SBP coverage from Child Only to Spouse and Children based on marriage and acquiring a dependent. The applicant states in his application that he printed out a DD Form 149 and sent it in December 2009, which would indicate that he applied to the Army Board for Correction of Military Records (ABCMR) at that time. Moreover, an application to the ABCMR would not have been appropriate at that time since the...