BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100024863 


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 termination of his participation in the Survivor Benefit Plan (SBP).

2.  The applicant states they missed the cut-off date to close his SBP account.  He is disabled and his wife is very sick.  Their payments are behind and they cannot afford to keep it.

3.  The applicant provides the bill for the SBP premiums, their DD Form 2656-2 (SBP Termination Request), and a letter from his wife's physician.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a career National Guardsman serving in the Active Guard Reserve (AGR) program when he retired due to permanent physical disability on 31 August 2007.

2.  The bill from the Defense Finance and Accounting Service (DFAS) shows that as of 28 September 2010 the applicant owed $374.90 in premiums.

3.  The DD Form 2656-2 that the applicant submitted states this form "is used to voluntarily discontinue participation in the Survivor Benefit Plan (SBP).  In accordance with section 1448a of Title 10, U.S. Code, a participant in SBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay."  
4.  The applicant's form is dated and notarized 1 October 2010, the first day of the 37th month of participation in the program.  The applicant's spouse concurred with the termination request.  

5.  The letter from the applicant's wife's physician, dated 24 September 2010, states she was scheduled for inpatient surgery on 5 October 2010.

6.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  

7.  Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP.  The spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  

DISCUSSION AND CONCLUSIONS:

The applicant and his wife missed the termination cut-off date for terminating their SBP by a matter of weeks.  However, given their situation it is in the interest of justice to show the DD Form 2656-2 was dated and notarized on 1 August 2010. 

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's DD Form 2656-2 was dated and notarized on 1 August 


2010, the form was received by the DFAS later that month, and became effective 
1 September 2010.




      _______ _ 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)                                         AR20100024863



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ABCMR Record of Proceedings (cont)                                         AR20100024863



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