| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests that his records be corrected to show he declined to participate in the Survivor Benefit Plan (SBP) and that he be reimbursed all SBP premiums that have been taken out of his retired pay.
3. The applicant states that he was told by the Retirement Section at Fort Sam Houston, TX that he needed to resign his Data for Payment of Retired Personnel, DD Form 2656, because the original was misplaced or lost. They faxed it to him on 8 January 2001 and he returned it by fax on 9 January 2001. However, SBP premiums have been taken out of his retired pay. The Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) told him that he needed to apply to the Board to have his pay corrected.
4. The applicant’s military records show that he enlisted in the Regular Army on 17 June 1980. He divorced in November 1998 and was divorced when he retired on 1 January 2001.
5. Apparently, the applicant had been allowed to depart on terminal leave without completing a DD Form 2656. When the error was discovered, he was faxed a DD Form 2656 with instructions to fax a copy back to Fort Sam Houston and to send the original, along with a copy of the divorce decree, straight to DFAS-CL. On 9 January 2001, after the applicant’s retirement date, he completed the DD Form 2656 declining to participate in the SBP.
6. Public Law 92-245, the SBP, enacted 21 September 1972, 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. The election, or declination to participate, must be made prior to the effective date of retirement.
CONCLUSIONS:
1. The Board concludes that there is evidence of Government error in this case. It appears the applicant was allowed to depart on terminal leave prior to completing a DD Form 2656 with the concomitant requirement to make an SBP election. The error was not corrected until after the effective date of his retirement.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the applicant completed his DD Form 2656 on 1 December 2000 and declined to participate in the SBP.
2. That as a result of the above correction the applicant be refunded all SBP premiums deducted from his retired pay.
BOARD VOTE:
__cla___ __clg___ __dph___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Celia L. Adolphi
______________________
CHAIRPERSON
| CASE ID | AR2001058391 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010911 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080005392
Therefore, DFAS established the applicants retired pay account with SBP coverage at the maximum rate, based on Spouse-only coverage, the default SBP election. The applicant contends that his records should be corrected to show that he elected not to participate in the SBP. When the applicant's retired/retainer pay account was established, DFAS also established his retired pay account with SBP coverage at the maximum rate, based on Spouse-only coverage, the default SBP election.
ARMY | BCMR | CY2003 | 2003087970C070212
On 5 July 1995, the applicant's spouse signed in section VII concurring with his election to decline to participate in the SBP. Public Law 99-145, enacted 8 November 1986, required a spouse’s written concurrence for a retiring member’s election that provides less than the maximum spouse coverage. At that time the Government erred by not having the applicant sign the DD Form 2656.
ARMY | BCMR | CY2001 | 2001064692C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he designated her as his beneficiary for unpaid retired pay. The FSM’s spouse died on 12 September 1999 and his SBP coverage was apparently suspended at that time.
ARMY | BCMR | CY2005 | 20050012181C070206
The DFAS Summary of Retired Pay Account dated 18 November 2004 indicates DFAS did not receive her SBP election and therefore she was provided automatic SBP coverage effective 1 November 2004. The Separations and Retirement Section, Fort Belvoir, VA provided DFAS a DD Form 2656 which indicated the applicant had declined to participate in the SBP on 28 October 2004. Nevertheless, the evidence shows the applicant's spouse did concur with her election not to participate in the SBP.
ARMY | BCMR | CY2002 | 2002075437C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his records be corrected to show he terminated his Reserve Component Survivor Benefit Plan (RCSBP) coverage and he be refunded all premiums. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
AF | BCMR | CY2013 | BC 2013 01140
________________________________________________________________ _ APPLICANT CONTENDS THAT: Upon his divorce, the Defense Finance and Accounting Service (DFAS) advised him to fax a copy of his original divorce decree and a completed copy of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. On 11 January 2013, DFAS received a DD Form 2656-1 from the applicant requesting to change his SBP election, due to divorce, from spouse and child coverage to...
AF | BCMR | CY2013 | BC 2013 02604
DFAS/CL states that according to law, they cannot provide former spouse SBP coverage without an election at retirement for former spouse SBP or a deemed election from the former spouse or her attorney in her behalf within one year from the date of the final divorce. The applicant was provided automatic coverage for SBP as DFAS did not receive his election for former spouse and child coverage. He enrolled in SBP for former spouse at his Air Force retirement out-processing in 2001,...
AF | BCMR | CY2005 | BC-2005-02514
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states the applicant’s records indicate she did not submit an election for SBP at the time of her notification for eligibility to participate in the SBP. The applicant’s spouse did not sign the DD Form 2656 acknowledging the SBP election had been declined. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
ARMY | BCMR | CY2002 | 2002067415C070402
His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 7 November 1977. Premiums are normally deducted from retired pay. That all of the Department of the Army records related to this case be corrected by showing that the applicant completed his DD Form 2656 on 30 September 1996 and declined, with his spouse’s concurrence, to participate in the SBP, making the debt for SBP premiums invalid.
AF | BCMR | CY2005 | BC-2004-00493
If the correct information had been provided to his former spouse, her SBP selection would have been “none.” In support of his request, applicant provided a letter from his former spouse’s attorney with a chronology of events surrounding the election of former spouse coverage; copies of his separation agreement and divorce decree; a copy of “A Guide to: Military Marriage Dissolution, Separation, Pension Division and DFAS DRO’s”; DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement...