RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 January 2005
DOCKET NUMBER: AR2004106411
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. Fred N. Eichorn | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Yolanda Maldonado | |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, in effect, that his Survivor Benefit Plan (SBP)
deductions be reduced in accordance with his election on his DD Form 2656
(Data for Payment of Retired Personnel).
2. The applicant states that there is clearly an error in the date he
signed the DD Form 2656. The date should have been 30 June 2002, not 30
July 2002.
3. The applicant provides his DD Form 2656, his spouse's concurrence, and
two DD Forms 214 (for the periods ending 3 June 2002 and 31 December 2003).
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board. This
case is being considered using reconstructed records which consist of the
documents provided by the applicant.
2. The applicant entered active duty on 4 June 1972. He was released from
active duty for the purpose of retirement on 30 June 2002 after completing
30 years of active Federal service in the rank of Colonel. He was
apparently immediately recalled to active duty effective 1 July 2002.
3. The applicant provided a DD Form 2656 indicating he desired to
participate in the SBP for spouse only coverage, reduced base amount
($547.00). His spouse signed the form indicating she concurred with his
election. The form is dated with a handwritten "20020730" in four
separate places.
4. The applicant was released from active duty on 31 December 2003.
5. Public Law 92-425, enacted 21 September 1972, established the SBP. The
SBP 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. An SBP election must be made before the first day for which he
or she is eligible for that pay. Any election for less than full spouse
coverage made after that day defaults to full spouse coverage.
6. In 2002, 30 June 2002 fell on a Sunday and 30 July 2002 fell on a
Tuesday.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the DD Form 2656 is erroneously dated 30
July 2002 and that it should have been dated 30 June 2002. He provides no
evidence to show that it was erroneously dated and it is noted that 30 June
2002 fell on a weekend whereas 30 July 2002 fell on a workday.
2. Since there is insufficient evidence to show the DD Form 2656 was
erroneously dated, it appears his election for reduced coverage was
properly determined to be invalid and properly defaulted to full spouse
coverage.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fne___ __rtd___ __ym____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
___Fred N. Eichorn____
CHAIRPERSON
INDEX
|CASE ID |AR2004106411 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050106 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |137.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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