BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140005325
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 he elected Survivor Benefit Plan (SBP) coverage for his spouse and children.
2. The applicant states:
* he has SBP coverage for his youngest child
* he was instructed he had to wait a year in order to submit an application adding his wife to his SBP
* he would have submitted his enrollment application the last week of August 2012 and prior to his first anniversary had he been given the correct information
3. The applicant provides:
* two DD Forms 2656-6 (SBP Election Change Certificate)
* letter from the Defense Finance and Accounting Service (DFAS), dated 14 January 2014
* self-authored letter, undated
* marriage certificate
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 May 1987. On 31 May 2007, he retired.
2. DFAS records show he elected child-only SBP coverage.
3. On 17 September 2011, the applicant married.
4. On 6 November 2012 and 19 December 2013, the applicant submitted DD Forms 2656-6 electing spouse and children SBP coverage.
5. On 14 January 2014, DFAS advised the applicant that his SBP request to add his spouse could not be accepted because he failed to notify them prior to his first-year anniversary.
6. On an unknown date in 2014, the applicant responded to the 14 January 2014 DFAS letter. He stated he was instructed to wait a year to submit an application to add his wife to his SBP. He also stated he resubmitted his request because he never heard anything from his 2012 request.
7. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. Elections are made by category, not by name.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. DFAS records show the applicant elected child-only SBP coverage in 2007. He gained an eligible beneficiary when he married on 17 September 2011.
2. By law, he had to make an election to participate in the SBP within 1 year of his marriage.
3. Based on the applicant's statement, it appears he was incorrectly advised regarding the steps he needed to take to add his wife to his SBP and the timeliness involved. Although she would not be eligible to receive an annuity until after their one-year anniversary, enrollment needed to occur before their one-year anniversary.
4. In view of the above, it would be appropriate to grant the requested relief.
BOARD VOTE:
___X_____ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he submitted a request to add his spouse to his SBP on 1 August 2012 and his request was received and processed in a timely manner.
___________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) AR20140005325
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ABCMR Record of Proceedings (cont) AR20140005325
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