IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140015283
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 elected to change his Survivor Benefit Plan (SBP) coverage from child only to spouse and children.
2. The applicant states:
* he wants his new spouse added to his SBP
* he and his new spouse were married on 27 April 2013
* the following week they inquired about SBP
* he attempted to submit the required documents on/or about 5 May 2013
* the Retirement Services Officer (RSO) at Fort Jackson, SC told him that he could not file any sooner than one day prior to his first anniversary date
* he submitted his enrollment papers in June 2014, after his first anniversary
* he received a letter, dated 18 June 2014, denying his request due to it being received after the anniversary date
* the RSO never said that if filed after the first anniversary his spouse could not be added
3. The applicant further states that he served this country honorably. He is the primary provider for his household and would like his family to be taken care of in the event that something happens to him.
4. The applicant provides:
* a self-authored letter
* a DD Form 2656-6 (SBP Election Change Certificate)
* an email from the RSO, Fort Jackson, SC
* denial letter from the Defense Finance and Accounting Service (DFAS)
* a State of SC License and Certificate of Marriage
CONSIDERATION OF EVIDENCE:
1. On 23 June 2008, the applicant was honorably retired from the Regular Army due to permanent disability in the rank/pay grade of sergeant/E-5.
2. At the time, he made an SBP election for child coverage, at the full retired pay level. His marital status at the time was "Divorced."
3. He and his current spouse were married on 27 April 2013.
4. The applicant provides:
a. A DD Form 2656-6, dated 17 June 2014, which shows he elected to change his SBP coverage from child only to spouse and children, at the full retired pay level. This document was signed by both the applicant and the RSO, Fort Jackson, SC.
b. An email from RSO, Fort Jackson, SC, initiated 17 June 2014, wherein the RSO requests that the applicant's SBP coverage election be changed due to remarriage. On 18 June 2014, a DFAS representative stated that the applicant's SBP could not be modified to include his spouse because the request was received after the one-year anniversary date. The DFAS representative also stated that the applicant's child and new stepchildren were all covered under his current election (Child only).
c. A letter from the DFAS representative, dated 18 June 2014, wherein the applicant's request for modification of his SBP coverage was denied because the election was not received within one year of the marriage date. Since the applicant was married on 27 April 2013 and the election was received on 17 June 2014, coverage could not be implemented.
5. 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.
6. 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.
7. DFAS interprets the first part of Title 10, U.S. Code, section 1448(a)(5), to mean, "
who is not married or has no dependent child
."
DISCUSSION AND CONCLUSIONS:
1. The applicant married on 27 April 2013.
2. He contends he attempted to amend his SBP election on/or about 5 May 2013, but was told by an RSO he could not enroll his spouse in the SBP any sooner than one day prior to their first anniversary of marriage.
3. The DD Form 2656-6 and email from the RSO, Fort Jackson, both dated 17 June 2014, further corroborate the applicant's claim that he was misinformed by the RSO.
4. The law states:
* 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. It appears his spouse was not enrolled in the SBP within 1 year of their marriage because he was improperly briefed by an RSO. It would therefore be equitable to correct his records to show he elected to change his SBP election to spouse and children coverage 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 the applicant made a written request on 5 May 2013 to change his SBP election to spouse and children coverage and the request was accepted and processed by the appropriate office 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) AR20140015283
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ABCMR Record of Proceedings (cont) AR20140015283
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