IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001656
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 that she be designated a Survivor Benefit Plan (SBP) beneficiary.
2. The applicant states she and her late husband, a former service member (FSM), were married on 20 June 1989. At the time of her marriage, she was added to her husband's records as a military and medical beneficiary. In February 2012, the FSM was advised that the applicant was not a designated SBP beneficiary and they submitted the necessary documentation. The FSM passed away on 31 July 2012. When the applicant applied for survivor benefits she was advised that because she had not been properly added as an SBP beneficiary at the time of her marriage 14 years earlier, no benefits could be awarded.
3. The applicant provides copies the FSM's 8 June 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty), a 14 February 2012 request to add the applicant as an SBP recipient, a Certificate of Marriage, a Defense Finance and Accounting Service (DFAS) denial letter, and the FSMs death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM, an infantry officer, served on active duty from 22 August 1980 through 8 June 1987. The FSM was medically retired. At the time of his retirement he was single.
2. The FSM and the applicant were married on 20 June 1998. The available record contains no evidence of the applicant's marriage or what actions may have been undertaken at that time.
3. On 14 February 2012, the FSM requested that his wife be shown as a beneficiary under the SBP.
4. DFAS notified the FSM that SBP spousal coverage could not be granted as he had not notified them of his marriage within one year.
5. On 31 July 2012, the FSM died.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided and the record does not contain any independent evidence that the FSM completed the required SBP enrollment documentation within 1 year of their marriage. There is no evidence to show that he ever paid SBP premiums.
2. There is no provision in the existing law or regulations that would allow for SBP coverage for a new spouse unless the documentation was submitted and received by the Secretary concerned within 1 year of the marriage.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130001656
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ABCMR Record of Proceedings (cont) AR20130001656
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