IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004269
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 enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) for his spouse and stepchildren.
2. The applicant states he did not realize that he had 1 year after his 5 July 2011 marriage to correct his DD Form 2656-6 (SBP Election Change Certificate). He needs to correct this to ensure his spouse and child are covered by the RCSBP.
3. The applicant provides copies:
* DD Form 2656-6, dated 19 February 2013
* a State of Colorado Marriage License and Marriage Certificate
CONSIDERATION OF EVIDENCE:
1. The applicant is a master sergeant/E-8 in the Colorado Army National Guard (COARNG).
2. He provides copies of:
a. Marriage License and Marriage Certificate from Colorado showing he married Carrie Lynn S____ on 5 July 2011.
b. DD Form 2656-6, dated 19 February 2013, in which he changes his SBP coverage from "NO COVERAGE" to "SPOUSE and CHILDREN" at the "FULL RETIREMENT PAY" level. He further lists his spouse and stepdaughter.
3. 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. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member's 60th birthday; or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Once a member elects either option B or C in any category of coverage, that election is irrevocable. Option B and C participants do not make a new SBP election at age 60.
4. 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 1 year after the date on which that person marries or acquires that dependent child.
5. Public Law 97-35, enacted on 12 August 1981, established an open enrollment season for SBP from 1 October 1981 - 30 September 1982.
Public 101-189, enacted on 29 November 1989, established an open enrollment season from 1 October 1991 - 30 September 1992 (amended to 1 April 1992 -
31 March 1993). Public Law 108-375, enacted on 28 October 2004, established an open enrollment season from 1 October 2005 - 30 September 2006. All of these open enrollment seasons were extensively publicized in Army Echoes to ensure all retirees were informed of their existence and also in the Army Times.
DISCUSSION AND CONCLUSIONS:
1. The applicant and his current spouse were married on 5 July 2011. He was authorized up to 1 year from the date of marriage to enroll his spouse and stepchildren in the RCSBP. He admits he did not realize he had 1 year to change his RCSBP election to enroll his new spouse and stepdaughter, indicating he did not exercise due diligence.
2. Although there is no Notification of Eligibility for Retired Pay at Age 60
(20 year letter) in the Personnel Electronic Records Management System
(iPERMS), it is presumed one was issued based upon his years of service.
3. Periodically, Congress enacts laws that establish open enrollment seasons during which certain rules regarding enrollment are announced. Open seasons generally permit retirees who are not participating to enroll and those not fully participating to increase the level of coverage. A buy-in cost, typically capturing premiums back to the point a retiree was first eligible for coverage, is associated with open season enrollment. The last open enrollment season was October 2005 through September 2006. It is unknown if and when the next open season may be offered.
4. In view of the foregoing, there is an insufficient evidentiary 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 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) AR20120004861
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130004269
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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