RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2007 DOCKET NUMBER: AR20060011245 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. John Infante Chairperson Ms. Susan Powers Member Mr. Qawiy Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his military records be corrected to show that he elected not to participate in the Survivor Benefit Plan (SBP). 2. The applicant states that during his pre-separation briefing he was instructed that election to enroll in the SBP for his current spouse would result in the SBP cost being subtracted from his disposable retired pay “before” the available amount was split for payment to a former spouse. He contends that he was not instructed that this was only the case if the former spouse was the beneficiary of the SBP. He states that when he received his Retiree Account Statement in mid-July and noticed the mistake, he called the Defense Finance and Accounting Service and was informed that he needed to apply to this Board to have his records corrected to show he elected not to participate in the SBP. 3. The applicant provides a DD Form 2656 (Data for Payment of Retired Personnel), dated 19 January 2006; and a document titled, “Dividing Retired Pay as Property.” CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 2656, dated 19 January 2006, shows he is married. Section IX (Survivor Benefit Plan Election) on his DD Form 2656 shows he elected spouse and children coverage with full base amount. 2. On 30 June 2006, the applicant retired in the rank of Chief Warrant Officer Four after completing 25 years of active duty. 3. On 6 March 2007, the applicant’s spouse provided a written statement concurring with his decision to change his SBP coverage from spouse and children to “I elect not to participate in SBP.” 4. 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. Elections are made by category, not by name. 5. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage. DISCUSSION AND CONCLUSIONS: The applicant's DD Form 2656 shows he elected spouse and children coverage with full base amount. However, it appears he was improperly counseled. Since his spouse concurred with an election of no coverage, it would be equitable to correct his records to show he elected not to participate in the SBP in a timely manner. BOARD VOTE: JI______ __SP____ _QS_____ 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 he completed a DD Form 2656 on 19 January 2006 and elected not to participate in the SBP, with spouse concurrence. __John Infante________ CHAIRPERSON INDEX CASE ID AR20060011245 SUFFIX RECON DATE BOARDED 20070403 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 137.0300 2. 3. 4. 5. 6.