RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 September 2005
DOCKET NUMBER: AR20050000179
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Eric Andersen | |Member |
| |Ms. Carol Kornhoff | |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 military records be corrected by
canceling his Survivor Benefit Plan (SBP) election for spouse coverage.
2. The applicant states, in effect, he and his spouse did not elect SBP at
the time of his retirement.
3. The applicant provides a copy of his DD Form 2656 (Data for Payment of
Retired Personnel), dated 19 March 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 2656 shows he is married. Section IX (Survivor
Benefit Plan Election) on his DD Form 2656 shows he elected not to
participate in the SBP. However, section XI (SBP Spouse Concurrence
(Required when member is married and elects children only coverage, does
not elect full spouse coverage, or declines coverage)) on his DD Form 2656
is blank.
2. The applicant retired effective 1 July 2003 in the rank of first
sergeant/pay grade E-8.
3. 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.
4. 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.
5. 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. The effective date of
termination is the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 2656 shows he declined to participate in SBP;
however, it appears his spouse did not concur with his decision since
section XI is blank on his DD Form 2656. Since the spouse's concurrence is
required, there is no basis for granting the applicant's request.
2. The law provides that retirees have a one-year period, beginning on the
second anniversary of the date on which their retired pay started (1 July
2005 for this applicant), to withdraw from the SBP.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS_____ EA______ CK______ 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.
___John Slone_________
CHAIRPERSON
INDEX
|CASE ID |AR20050000179 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050915 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |137.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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