IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002253
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, a recently deceased former service member (FSM), requested, in effect, correction of his records to show he elected Survivor Benefit Plan (SBP) coverage for his spouse. He also requested, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 25 February 1952.
2. He stated he and his wife were married on 30 September 1978. Shortly after their marriage, they went to Fort Meade, MD, and completed the proper paperwork to add her as the beneficiary of his retired pay and benefits. He stated he was given 4 months to live after discovering his cancer had spread to his lungs and nothing could be done. His wife contacted the Army and was told she was not listed on anything. She was also told the office where they completed the paperwork had moved and maybe the paperwork was lost or never entered into the system. He further stated his date of birth shown on his DD Form 214 is wrong; his date of birth is 25 February 1952.
3. The applicant provided the following:
* self-authored statement
* marriage certificate
* DD Form 214
* DA Form 3140 (Designation of Beneficiary Unpaid Retired Pay of Deceased Retired Member)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 August 1969. He retired on 5 October 1971 due to physical disability. He was credited with 2 years, 1 month, and 14 days of active duty service.
2. Item 9 (date of birth) of his DD Form 214 lists his date of birth as 22 February 1952.
3. All documents contained in his records list his date of birth as 25 February 1952 including, in part:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate or Clearance and/or Security Determination)
4. His certificate of marriage shows he married his spouse on 30 September 1978.
5. On 24 October 1978, the applicant completed DA Form 3140 at Fort Meade, MD, designating his spouse as the beneficiary of his unpaid retired pay. There is no evidence he completed any paperwork regarding the SBP in connection with this visit.
6. In April 2013, the applicant died.
7. The Defense Finance and Accounting Service confirmed that the applicant did not enroll in the SBP and no premiums were paid.
8. 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. Changes in SBP options are not authorized except in specific instances as authorized by law. It declared a 12-month Open Season for those members who retired prior to enactment of the law. Public Law 93-155, enacted 16 November 1973, extended that Open Season from 12 to 18 months (21 September 1972 20 March 1974).
9. There were three subsequent Open Enrollment Seasons October 1981 through September 1982, April 1992 through March 1993, and October 2005 through September 2006 all extensively publicized in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army.
10. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. There are no documents in the available records and none were provided by the applicant which show he elected to participate in the SBP or that he ever paid premiums for the SBP. All available information indicates the applicant did not make such an election after he was married. The DA Form 3140 provided by the applicant designated his spouse as the beneficiary of his unpaid retired pay. This form did not mention the SBP.
2. In the absence of evidence showing the applicant elected to participate in the SBP, there is no basis to now designate his spouse as the beneficiary.
3. The applicant's date of birth was recorded as 25 February 1952 throughout his military service as confirmed by his DA Form 20 and DD Form 398. Therefore, he is entitled to correction of his DD Form 214 to show his date of birth as 25 February 1952.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his date of birth as 25 February 1952 as it appears on his birth certificate.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the SBP.
_______ _ 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) AR20130002253
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002253
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007260
The applicant, as the widow of a deceased former service member (FSM), requests correction of the FSM's military records to show he changed his Survivor Benefit Plan (SBP) coverage to spouse coverage during an Open Season from 1992 through 1993. The FSM retired on 31 August 1985 and he elected dependent child only coverage. The available evidence shows the FSM made a written request to add the applicant to his SBP coverage.
ARMY | BCMR | CY2013 | 20130004639
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's record to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage. He married the applicant on 6 September 1985.
ARMY | BCMR | CY2010 | 20100022079
The applicant requests his records be corrected to show he elected "spouse" Survivor Benefit Plan (SBP) coverage instead of "children only" coverage. The evidence of record shows that the applicant made his initial RCSBP election on 20 September 1991, after he became retirement eligible. Since he married his spouse in February 1997, he's had three opportunities to add his spouse to his RCSBP coverage: 4.
ARMY | BCMR | CY2009 | 20090003877
Application for correction of military records (with supporting documents provided, if any). On 30 January 2009, he submitted another DD Form 2656 requesting his wife be added as his sole surviving beneficiary. The evidence of record shows the applicant did not attempt to change his SBP coverage until 30 January 2009, more than 11 years after his marriage to his current spouse.
ARMY | BCMR | CY2010 | 20100013797
The applicant requests his military records be corrected by changing his Reserve Component (RC) Survivor Benefit Plan (SBP) election from "children only" to "spouse" coverage. A DD Form 1883, dated 7 March 1987, shows the applicant enrolled in the RCSBP for "spouse and children" coverage, option C, full base amount. The applicant married in October 1984 and he had 1 year from his date of marriage to enroll in the RCSBP for spouse coverage.
ARMY | BCMR | CY2009 | 20090000734
On 6 September 1987, a Chronological Statement of Retirement Points published by U. S. Army Reserve Personnel Center (ARPERCEN) shows the applicant had attained 20 qualifying years of service for retirement at age 60 as of 30 March 1987. The applicant's Retiree Account Statement shows that he had Child Only RCSBP coverage. The applicants election to participate in the RCSBP Child Only Coverage was an irrevocable decision which rolled over into the SBP upon his reaching age 60.
ARMY | BCMR | CY2012 | 20120006665
The FSM died on 12 July 1996 and based on their review of his military retired pay account, he declined participation in both the RSFPP and SBP. Based on this, there are no annuity entitlements payable to the applicant from the FSM's military retired pay account. If the applicant had requested an annuity within 6 years of the FSM's death, her claim would have been denied due to the FSM's declination of SBP coverage.
ARMY | BCMR | CY2004 | 2004101899C070208
Since he had elected children only coverage, he had to elect either option B or option C. If he were married, he and his spouse had to sign the reverse of the DD Form 1883. The available evidence of record shows that the FSM was not married to the applicant in May 1989; therefore, he could not have elected spouse coverage at that time. The available evidence of record shows that the FSM and the applicant married in October 1989; therefore, by the time the March 1992 letter was sent out...
ARMY | BCMR | CY2001 | 2001057995C070420
The applicant requests, in effect, that the records of his deceased brother, a former service member (FSM), be corrected to show he applied for retired pay and that he named him, the applicant, as the beneficiary for all retired pay due and as his Survivor Benefit Plan (SBP) beneficiary. If so, an application for retired pay would be sent to him. That all of the Department of the Army records related to this case be corrected by showing that the FSM applied for retired pay on 1 December...
ARMY | BCMR | CY2009 | 20090013510
In Part V (SBP Election) on this form, the FSM indicated that he was married and did not have dependent children. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Considering there is evidence to show it was the FSM's intent to provide SBP coverage for the applicant, it would be appropriate, as a matter of...