Fixing an SBP election you never made

DFAS first. If it says no, your service’s records board.

The short version
1 year
after marriage or divorce
To add a new spouse or switch to a former spouse
Full coverage
without spouse consent
The law overrides an unsigned decline
DD 149
the BCMR
Can fix errors DFAS isn’t allowed to

Expect back premiums. If a board restores coverage, the premiums you would have paid are usually collected.

Jump to a section
  1. Which problem do you have?
  2. The spouse consent rule
  3. The one-year deadlines
  4. When DFAS says no: the BCMR
  5. Building your DD Form 149
  6. Frequently asked questions
55%
Of the base amount: the full SBP annuity
DoD
Notarized
Spouse signature, before retirement, to decline or reduce
10 U.S.C. 1448
3 years
To apply to a board after finding the error — often waived
10 U.S.C. 1552
4
Boards: Army, Navy-Marine Corps, Air & Space Force, Coast Guard
DoD

1. Which problem do you have?

SituationWho can fix it
Married at retirement; spouse never signed to declineNo fix needed — the law gives full coverage
Married after retiring, less than a year agoDFAS DD Form 2656-6
Divorced, less than a year agoDFAS DD Form 2656-1, or the ex-spouse’s deemed election
Missed the one-year windowBCMR DD Form 149
DFAS lost or misrecorded your electionAsk DFAS first, then BCMR

What SBP pays, and whether it’s worth the premium, is covered in is SBP worth it.

2. The spouse consent rule

If you were married when you retired, SBP covers your spouse at the full amount unless your spouse agreed otherwise in writing. That consent has to be notarized on the DD Form 2656, on or after the date you signed it and before your retirement date.

An unsigned decline doesn’t count

If the concurrence is missing, late or not notarized, DFAS applies full spouse coverage and premiums — whatever you checked on the form. Many retirees discover this only when the premium appears on their first statement.

Wanted to decline and your spouse agreed, but the paperwork failed? That’s a classic case for the board — boards have reversed coverage when both spouses clearly agreed in time.

3. The one-year deadlines

Congress occasionally passes a law opening an SBP open season. When it does, DFAS announces it — but you can’t plan around one.

4. When DFAS says no: the BCMR

DFAS can only apply the law as written. Your service’s board for correction of military records can change the record itself when there was an error or an injustice — for example, when a counselor gave you wrong deadlines, or your form was lost.

1 Ask DFAS, in writing Keep the denial letter — the board will want it. 2 DD Form 149 to the board Error or injustice, plus every document you have. 3 Board corrects the record DFAS applies it. Back premiums are collected.
If you served in the…Apply to
ArmyArmy Board for Correction of Military Records
Navy or Marine CorpsBoard for Correction of Naval Records
Air Force or Space ForceAir Force Board for Correction of Military Records
Coast GuardCoast Guard Board for Correction of Military Records

5. Building your DD Form 149

6. Frequently asked questions

What happens if my spouse never signed the SBP concurrence?

If you were married at retirement and elected less than full spouse coverage or declined SBP without your spouse’s notarized written concurrence, the law treats you as having elected full spouse coverage. DFAS applies full coverage and charges the full premium.

I married after I retired. Can I still add my spouse to SBP?

You have one year from the date of the marriage to elect coverage for the new spouse by notifying DFAS. If you miss that year, DFAS generally cannot add the spouse, and your options are a board for correction of military records or a future open season if Congress authorizes one.

How do I fix an SBP election DFAS won’t change?

Apply to your service’s board for correction of military records on DD Form 149. The Army, Navy and Marine Corps, Air Force and Space Force, and Coast Guard each have their own board. Explain the error or injustice and attach the evidence, such as your DD Form 2656, DFAS letters and your marriage or divorce records.

Is there a deadline to apply to the corrections board?

The law asks you to apply within three years of discovering the error, but the boards can waive that limit in the interest of justice, and they often consider older SBP cases. Apply as soon as you find the problem.

Will I owe back premiums if the board fixes my SBP election?

Usually yes. When a board adds or restores SBP coverage retroactively, the premiums that would have been deducted are generally collected, often by withholding them from retired pay or the annuity.

Sources
  1. 10 U.S.C. 1448, Survivor Benefit Plan elections
  2. DoD Instruction 1332.42, Survivor Benefit Plan
  3. Air Force Retiree Services, former-spouse SBP coverage
  4. Army BCMR decision: SBP election after remarriage