IN THE CASE OF: BOARD DATE: 13 October 2015 DOCKET NUMBER: AR20150002099 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 military records to show he and his spouse elected not to participate in the Survivor Benefit Plan (SBP), and a refund of all payments. 2. The applicant states his medical retirement from the U.S. Army Reserve (USAR) was received via electronic mail. He did not process out of his unit nor did he receive SBP counseling. He further states Defense Finance and Accounting Service records show he was automatically enrolled in the SBP. He is not receiving a retirement from the Army because of the amount of money he receives from the Department of Veterans Affairs. He claims it does not make sense for him to participate in the SBP and if he had been given the opportunity he would have chosen not to participate in the SBP. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Evidence shows the applicant married his spouse M______ on 22 May 1996. 2. Having prior service in the U.S. Air Force, the applicant enlisted in the USAR on 10 March 2008. 3. On 12 March 2014, an informal physical evaluation board found the applicant was physically unfit and recommended a rating of 40 percent and that his disposition be permanent disability retirement. The reason for his disability relates to issues with his back. 4. On 21 May 2014, the applicant was released from assignment and duty in the rank/grade of specialist/E-4 due to physical disability incurred while entitled to basic pay and under conditions that permitted his retirement for permanent physical disability. At that point, his SPB coverage defaulted to spouse coverage. 5. On 1 July 2014, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel) at Spangdahlem Air Base, Germany, indicating that he elected full SBP coverage for his spouse. Item 32a (Spouse Signature) of his DD Form 2656 does not contain the signature of the applicant's spouse indicating that she concurred with the SBP election he made. However, her concurrence was not required because the applicant opted for full SBP coverage. 6. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 7. 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. 8. Department of Defense Financial Management Regulation, volume 7B, chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage based on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. When the spouse's concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses. 9. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a 1-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from the SBP. The spouse's concurrence is required. No premiums will be refunded to those who opt to disenroll. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to disenroll from the SBP was carefully considered. 2. Notwithstanding the applicant's contention, the evidence of record shows on 1 July 2014, the applicant elected to participate in the SBP and provide full coverage for his spouse. This essentially shows that his intent was consistent with the automatic enrollment that had previously occurred. 3. Further, the applicant is advised that if he were to die under circumstances that did not qualify his spouse for Dependency and Indemnity Compensation (DIC), from the Department of Veterans Affairs, his spouse would, in fact, receive an SBP annuity. He is not paying for a non-existent benefit. 4. The applicant became eligible to draw retired pay on 21 May 2014. Therefore, he will have a 1-year period beginning on 21 May 2016 in which to terminate his SBP enrollment. He is encouraged to contact the nearest Retirement Services Office prior to making his decision for more information. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20150002099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1