IN THE CASE OF:
BOARD DATE: 22 January 2014
DOCKET NUMBER: AR20140007740
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 military records to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) election from children-only coverage to spouse-only coverage.
2. The applicant states, in effect, he wants his wife reflected as his SBP beneficiary. Her name was recorded on his original retiree account statement, effective 7 March 2012, as he requested. However, his retiree account statement, effective 21 March 2014, shows he has children-only coverage.
3. The applicant provides two retiree account statements, effective 7 March 2012 and 21 March 2014.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 16 March 1953. Having prior active service in the Regular Army, he enlisted in the South Carolina Army National Guard on 7 January 1976.
2. In January 1995, he was issued a notification of eligibility for retired pay at age 60 (20-year letter).
3. His DD Form 1883 (SBP Election Certificate), dated 3 February 1995, shows he enrolled in the RCSBP for children-only coverage, option C, full base amount. This form also shows he was not married at the time.
4. He married on 11 December 2008.
5. He provided a DD Form 2656 (Data for Payment of Retired Personnel), dated 5 January 2012, which shows he elected spouse-only coverage. He also provided a retiree account statement, effective 7 March 2012, which shows he had spouse-only SBP coverage.
6. On 6 January 2012, he was honorably discharged from the Army National Guard and transferred to the Retired Reserve in the rank of sergeant first class.
7. He provided a retiree account statement, effective 21 March 2014, which shows he had children-only SBP coverage.
8. His records contain a DD Form 2656-6 (SBP Election Change Certificate), dated 9 September 2014, showing he requested to change his SBP enrollment from children-only to spouse-only coverage.
9. 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.
10. 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; and (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.
11. 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.
12. Army Echoes is the Army bulletin published and mailed to retirees and gray-area retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army. Congress periodically offers retirees an opportunity to enroll in or increase SBP coverage outside the usual time constraints. Extensive publicity is given in Army Echoes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 1883 shows he enrolled in the RCSBP for children-only coverage on 3 February 1995.
2. The applicant married in December 2008 and he had 1 year from his date of marriage to enroll in the RCSBP for spouse coverage.
3. Since there is no evidence showing the applicant attempted to add his spouse to his RCSBP within 1 year of his marriage, regrettably, there is no basis for granting his request.
4. The 2012 retiree account statement which shows he had spouse-only SBP coverage simply reflects what he attempted to elect upon applying for retired pay. When DFAS discovered his 1995 RCSBP election and the fact that he had not added his spouse within 1 year of marriage, DFAS removed the spouse-only coverage consistent with the law's requirements.
5. The applicant should continue to read Army Echoes which will alert him to the possibility of enrolling his spouse in the SBP during an open enrollment season if and when Congress should declare another open enrollment season.
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) AR20140007740
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007740
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