RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010399


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Linda Barker                  |     |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 correction of her records to show she elected to
decline participation in the Survivor Benefit Plan (SBP).

2.  The applicant states that she submitted a DD Form 2656 (Data for
Payment of Retired Personnel) which indicates she elected not to
participate in the SBP.  She states that the document was signed by her
husband and witnessed; however, she failed to notice the requirement that
the spouse must not sign the statement before the member makes the SBP
election.  Due to the error, SBP premiums are being deducted from her pay.
She states that the spouse concurs with the SBP election made by the member
in Section XI on the DD Form 2656.  She and her husband, in good faith, had
thought they had completed the document correctly.  She does not elect to
participate in the SBP.  The applicant requests correction of the DD Form
2656 be authorized and the deductions be refunded.

3.  The applicant provides a DD Form 2656 signed by her and her spouse on
15 November 2004 and 17 November 2004, respectively.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 13 July 1944.  She was appointed a Reserve
commissioned officer on 13 June 1966.

2.  She was married on 12 September 1970.

3.  The applicant's notification of eligibility to receive retired pay at
age 60 is dated 25 May 1992.  She apparently elected not to participate in
the Reserve Component (RC) SBP at that time.

4.  The applicant completed a DD Form 2656 and signed this form on
1 November 2003.  She elected not to participate in the SBP.  Her spouse
concurred with her decision and signed the statement on 31 October 2003,
one day before the applicant made her SBP election and signed the form.

5.  She reached age 60 on 13 July 2004.

6.  The applicant completed a second DD Form 2656 on 15 November 2004 in
conjunction with her application to this Board.  She elected not to
participate in the SBP.  Her spouse concurred with her decision.


7.  In the processing of this case, a staff advisory opinion was obtained
from the Retirement and Annuities Branch at the U.S. Human Resources
Command-
St. Louis, Missouri.  The opinion stated that the applicant's retirement
pay packet was submitted to that office on 6 November 2003 and the DD Form
2656 clearly shows the applicant chose not to participate in the SBP.  That
office furnished the applicant's retired pay information to the Defense
Finance and Accounting Service (DFAS) in Cleveland, Ohio.  The opinion
points out that the applicant's retired pay began on 13 July 2004.  Since
that date, the applicant has been charged for SBP spousal coverage of
$111.41.  That office recommended that the applicant be granted full relief
and that the Finance Center change the coverage to declination of coverage
and that reimbursement be furnished to the applicant.

8.  A copy of the advisory opinion was forwarded to the applicant for
possible comment on 9 March 2005.  She concurred with the advisory opinion.

9.  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.  The member may elect
not to participate but the election must be made before the first day for
which the member is eligible for retired pay.  A failure to make an
election by that date defaults to spouse coverage, full base pay.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received her notification of eligibility for Reserve
retirement benefits on 25 May 1992.  However, her RCSBP election form is
not available and it appears she did not elect to participate in the RCSBP
at that time.

2.  The applicant completed and signed a DD Form 2656 on 1 November 2003
and elected not to participate in the SBP.  However, even though her spouse
concurred, he signed the form on 31 October 2003, one day before she made
her election, thus invalidating her election.  As a result, she was
automatically enrolled in the SBP.

3.  The evidence of record shows she completed and signed another DD Form
2656 on 15 November 2004 and her spouse signed, two days after, concurring
in her election not to participate in the SBP.

4.  As a matter of equity, it would be appropriate to amend the applicant's
DD Form 2656 to show she and her spouse signed the document on 1 November
2003 electing not to participate in SBP and to refund any overpaid
premiums.

BOARD VOTE:

MP______  RB______  LB______  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 the DD
Form 2656 of the individual concerned be amended to show she and her spouse
signed the form on 1 November 2003 and it was received and accepted for
processing by the appropriate office, thus resulting in her being due a
refund of SBP premiums.




                                  Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010399                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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