| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests that his enrollment in the Survivor Benefit Plan (SBP) be reinstated.
3. The applicant states that a Department of Veterans Affairs (VA) representative told him, because he was receiving 60 percent disability compensation, his spouse would receive a more generous annuity from the VA if he died than she would from the SBP. After he requested his SBP be terminated, he learned from another VA representative that the earlier information would be true only if he died from his disabilities. That is not what he understood from the first VA representative.
4. The applicant’s military records show that he enlisted in the Regular Army on 3 November 1987.
5. The applicant’s physical evaluation board (PEB) paperwork is not available. He was separated by reason of a permanent disability retirement, with a 30 percent disability rating, on 21 November 1998. At this time, he enrolled in the SBP for spouse and children coverage.
6. The VA apparently awarded him a 60 percent disability rating after he retired and counseled him concerning Dependency and Indemnity Compensation (DIC). DIC payment may be authorized for surviving unremarried spouses of members or veterans who died from (1) a disease or injury incurred or aggravated while on active duty or active duty for training; (2) an injury incurred or aggravated in line of duty while on inactive duty training; or (3) a disability compensable by VA.
7. On 9 April 2001, the applicant, with his spouse’s concurrence, requested his SBP coverage be terminated.
8. Public Law 92-425, 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.
9. 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.
CONCLUSIONS:
1. It appears the applicant was improperly counseled by a VA representative concerning DIC benefits, thereby causing him to request termination of his SBP coverage in the belief his spouse would receive a more generous annuity from the VA no matter the cause of his death. He learned shortly after he requested termination of his SBP that only if he died under certain circumstances would his spouse receive DIC benefits whereas she would receive the SBP annuity no matter what caused his death.
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 did not request termination of his SBP on 9 April 2001 and that his SBP coverage remained in effect.
2. That the applicant be advised the Defense Finance and Accounting Service will be instructed to collect any SBP costs due.
BOARD VOTE:
__inw___ __hof___ __dph___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Irene N. Wheelwright
______________________
CHAIRPERSON
| CASE ID | AR2001061810 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 137.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2015 | 20150003130
After 28 years (of paying SBP premiums) he was notified that if he died first, she would never receive 55 percent of his retired pay. His retired pay records at the Defense Finance and Accounting Service (DFAS) show: * he is authorized military retired pay (unknown effective date) but he elected to receive a full VA waiver * his original SBP election was spouse coverage, effective 9 January 1990 * his SBP premiums were suspended due to the death of his spouse in June 2014 10. The SBP...
ARMY | BCMR | CY2005 | 20050008088C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 92-425, 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. DIC also may be authorized for survivors of veterans who at the time of death were determined to be totally disabled as a result of military service,...
ARMY | BCMR | CY2008 | 20080006083
Nevertheless, there is no evidence in the records that shows the applicant received actual notice of the FSM's decision to decline the SBP. The record is, therefore, treated as if the member never made an SBP election and the applicant becomes, by law, entitled to the SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the FSM failed to make an SBP election prior to retirement and was therefore...
ARMY | BCMR | CY2003 | 2003091002C070212
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he withdrew from the Survivor Benefit Plan (SBP) due to being rated by the Department of Veterans Affairs (VA) at 100 percent disabled. Title 10, U. S. Code, section 1452(g)(1) provides that a person who has elected to participate in the SBP and who is suffering from a service-connected disability rated by the VA as totally disabling and has suffered from such...
ARMY | BCMR | CY2008 | 20080002142
IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080002142 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, as he acknowledges, at the time he elected to participate in the SBP he had not been approved for those benefits. The applicant retired on 26 September 2006 and started drawing retired pay on 1 October 2006.
ARMY | BCMR | CY2007 | 20070000870
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2007 DOCKET NUMBER: AR20070000870 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. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity...
ARMY | BCMR | CY2001 | 2001066024C070421
The applicant states that when he retired from the U. S. Postal Service (USPS) on 3 January 1999 he decided to combine his two retirements and notified the required offices. He retired from the USPS on 2 January 1999, waiving military retired pay in favor of civil service retired pay. That all of the Department of the Army records related to this case be corrected by showing that the applicant properly requested termination of his SBP under the provisions of Public Law 105-85 on 3 January...
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.
ARMY | BCMR | CY2002 | 2002074723C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It declared a 12-month Open Season for those members who retired prior to enactment of the law. 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:
ARMY | DRB | CY2005 | 20050004916
Dennis J. Phillips | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 92-425, 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 applicant provides no evidence to show her and the FSM were improperly briefed when he enrolled in the SBP during the 1981 through 1982 Open...