BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140010791 


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, in effect, correction of his records to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for his current spouse (Catherine) within 1 year of the date of their marriage.

2.  The applicant states:

   a.  The U.S. Army Human Resources Command (HRC) would not allow him to add Catherine as an RCSBP beneficiary.  HRC stated that his first spouse (Nancy) should have been added when he was married to her.  He received his 20-year letter prior to the first marriage and he did not elect to participate in the RCSBP at that time.  He and Nancy's divorce did not stipulate she was entitled to his benefits.  The changing of a life event such as marriage should have allowed him to add Catherine.  His paperwork was submitted in the time-frame allowed.  He spoke with HRC and they stated that they received his application, but they will not move forward with it.  

   b.  He submitted the required DD Form 2656-6 (SBP Election Coverage Certificate) to the fax number given to him by HRC.  The form was not processed because he is a grey area retiree, not actively drilling, not age 60, not receiving benefits, and the form should have been forwarded elsewhere.  He did not know this at the time.  He was unable to find the change on his records and he called a staffer at Fort McCoy, WI, for assistance.  The staffer put him in touch with the Defense Finance and Accounting Service (DFAS) where a staffer requested specific information.  This information was submitted to DFAS on 6 January 2014.  
   c.  Again, he did not see any changes on his records; therefore, he began the process again.  This time he spoke with a DFAS staff member and she stated that she had received the paperwork, but she did not process the information.  She stated that his first spouse (Nancy) should have been listed on the DD Form 2656-6.  He explained to her that he received his 20-year letter several years prior to getting married to Nancy and they had chosen not to elect RCSBP coverage for her.  Their divorce stated she was not entitled to any military benefits, especially his retirement.  The DFAS staff member then instructed him to complete a DD Form 149 (Application of Correction of Military Record) to have this changed.

3.  The applicant provides copies of the following:

* DFAS SBP Election Change coversheet
* 2008 divorce decree
* 2012 marriage certificate
* DD Form 2656-6

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on XX September 1958.

2.  He was appointed as a Reserve officer in the Minnesota Army National Guard (MNARNG) on 24 June 1988, with prior Reserve enlisted service.

3.  On 5 April 2000, he was issued a Notification of Eligibility for Retired Pay at Age 60 letter wherein he was notified of completion of the required years of service, his eligibility for retired pay upon application, and the RCSBP.  

4.  On 7 May 2000, he completed and signed a DD Form 1883 (SBP Election Certificate) wherein he indicated he was not married, had no dependent children, and desired no RCSBP coverage.  He also signed an Army Reserve Personnel Command (ARPC) Form 3854 declining RCSBP coverage.

5.  The applicant provided copies of the following:

   a.  A DFAS SBP Election Change coversheet which was addressed to DFAS, Retired Pay, London, KY, and included three copies of DD Forms 2656-6 (front and back).

   b.  A divorce decree which shows he and his first spouse (Nancy) were married on 10 August 2002 and were granted a divorce on 18 July 2008.  The decree stated no children were born of that marriage.  The decree did not stipulate RCSBP was awarded to her in the divorce.

6.  He was separated from the MNARNG on 1 July 2008 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

7.  He entered active duty on 22 September 2009 in support of Operation Enduring Freedom.  He was released from active duty on 28 October 2010 and was transferred to a Reserve unit.

8.  He also provided copies of the following:

   a.  A marriage certificate which shows he and Catherine were married on 4 August 2012.

   b.  A DD Form 2656-6, he completed and signed on 20 June 2013.  He indicated on the form he had no current SBP coverage and he was requesting a change in coverage based on his marriage to Catherine on 4 August 2012.  He elected "spouse only" coverage at full retired pay.  His signature was witnessed and notarized on the same date.

9.  Orders Number 07-309929, dated 10  July 2013, released him from the USAR Control Group (Reinforcement) by reason of completion of 20 years or more or Reserve duty and assigned him to the Retired Reserve effective the same date.

10.  He will reach age 60 on XX September 2018.

11.  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.  At the time, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else have waited until he/she applied for retired pay and elected to participate in the standard SBP.  If death occurs before age 60, the RCSBP costs for options B and C are deducted from the annuity.

12.  Title 10, U.S. Code (USC), 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.  The applicant was issued a 20-year letter on 5 April 2000.  On 7 May 2000, he completed a DD Form 1883 and an AFPC Form 3854 indicating he was not married and declined RCSBP.

2.  He and his first spouse (Nancy) were married on 20 August 2002 and were divorced on 18 July 2008.  Their divorce did not stipulate her entitlement to RCSBP.

3.  He and his current spouse (Catherine) were married on 4 August 2012.  On 20 June 2013, he completed a DD Form 2656-6 indicating he had no current SBP coverage.  He requested a change in coverage based on his marriage to Catherine and he elected "spouse only" coverage at full retired pay.  

4.  It is unclear why his timely request to add his new spouse has not been honored.  Accordingly, it would be appropriate to show his 20 June 2013 DD Form 2656-6 was received and processed in a timely manner.

BOARD VOTE:

___x__  _____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 his 20 June 2013 DD Form 2656-6 was received, accepted, 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)                                         AR20140010791





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