RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2005
DOCKET NUMBER: AR20040005123
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. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Mark D. Manning | |Chairperson |
| |Mr. Thomas E. O'Shaughnessy | |Member |
| |Ms. Jeanette R. McCants | |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 that his records be corrected to show he
enrolled in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The applicant states that when he retired from the Army National Guard
he was told the SBP would cost about 50 percent of his retired pay. He
learned recently that the cost would be about $50.00 a month.
3. The applicant provides no supporting evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 6 June 1944. After having had prior service,
he enlisted in the Army National Guard on 22 May 1987.
2. The applicant's notification of eligibility for retired pay at age 60
(his 20-year letter) is dated 20 May 1999. He declined to enroll in the
Reserve Component SBP (RCSBP) at that time by electing option A. His
spouse concurred in his decision.
3. The applicant turned age 60 in June 2004. At that time, he completed a
DD Form 2656 (Data for Payment of Retired Personnel). In Section IX
(Survivor Benefit Plan (SBP) Election), the applicant first checked by
marking with an "X" that he elected coverage for spouse only. That "X" was
lined out and he checked by marking with an "X" that he elected not to
participate in the SBP. However, he also checked by marking with an "X"
that he elected coverage to be based on full gross pay without supplemental
SBP. That "X" was not lined out.
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.
5. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way
for those who had qualified for reserve retirement but were not yet age 60
to provide an annuity for their survivors should they die before reaching
age 60. Three options are available: (A) elect to decline enrollment and
choose at age 60 whether to start SBP participation; (B) elect that a
beneficiary receive an annuity if they die before age 60 but delay payment
of it until the date of the member’s 60th birthday; (C) elect that a
beneficiary receive an annuity immediately upon their death if before age
60.
DISCUSSION AND CONCLUSIONS:
It appears the applicant was improperly counseled concerning the SBP, if
not on the cost of coverage then certainly on preparation of the DD Form
2656. His DD Form 2656 does not make it clear that he declined the SBP.
Therefore, it would be equitable, given his contention of improper
counseling and his intention now to provide the SBP for his spouse, to
correct his records to show he enrolled in the SBP for spouse only
coverage, full base amount without supplemental SBP.
BOARD VOTE:
__mdm___ __teo___ __jrm___ 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 that he completed his DD Form 2656 and elected to participate in
the SBP for spouse only coverage, full base amount without supplemental
SBP.
__Mark D. Manning_____
CHAIRPERSON
INDEX
|CASE ID |AR20040005123 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050405 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |137.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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