RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 July 2004
DOCKET NUMBER: AR2004100663
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. Samuel A. Crumpler | |Chairperson |
| |Mr. Stanley Kelley | |Member |
| |Mr. Mark D. Manning | |Member |
The applicant and counsel if any, did not appear before the Board.
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, in effect, that his records be corrected to
show he elected not to participate in the Survivor Benefit Plan (SBP).
2. The applicant states that both he and his spouse signed the election
form electing not to participate in the SBP. However, they were instructed
not to date the form by the transition officer, which resulted in SBP
deductions being taken for the SBP.
3. The applicant provides no supporting evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in March 1981. On 1 April
2002, he was placed on the Temporary Disability Retired List. At that
time, he completed a DD Form 2656 (Data for Payment of Retired Personnel).
On that form, he elected not to participate in the SBP. His spouse
provided her concurrence with his election in Section XI of the DD Form
2656. The form was not dated by the applicant, his spouse, or the witness.
2. 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. The
election must be made prior to the effective date of retirement.
3. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986,
required written spousal consent for a retiring member's election that
provides less than maximum spouse coverage.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant did not date the DD Form 2656, the Defense Finance
and Accounting Service (DFAS) could not verify that he had made his SBP
election prior to the effective date of his retirement. Therefore, his SBP
election defaulted to full spouse coverage.
2. The applicant's spouse signed the DD Form 2656 concurring with his
decision not to participate in the SBP. The form was witnessed.
Therefore, his records should be corrected to show the DD Form 2656 was
dated prior to the effective date of the applicant's retirement. Any SBP
premiums deducted from his pay should be refunded to him or any debt
established for collection of SBP premiums should be rescinded.
BOARD VOTE:
__sac___ __sk____ __mdm___ GRANT 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, his spouse, and the witness signed his DD Form 2656, in
which he declined to participate in the SBP and his spouse concurred with
his decision, on 1 March 2002 and the form was received by DFAS prior to 1
April 2002.
__Samuel A. Crumpler__
CHAIRPERSON
INDEX
|CASE ID |AR2004100663 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040713 |
|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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