RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050001830


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 records be corrected to
show he elected not to participate in the Survivor Benefit Plan (SBP).

2.  The applicant states he would like his full allotment (i.e., retired
pay) without SBP as he originally requested.  He was provided no help or
guidance in filling out the DD Form 2656 (Data for Payment of Retired
Personnel).  The DD Form 2656 was filled out properly with the proper boxes
marked to receive his full retired pay.  The instructions on the form
should give locations that provide assistance with filling out the form.

3.  The applicant provides the first two pages of his DD Form 2656.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 14 November 1944.  After having had prior
service, he was appointed a first lieutenant in the Army National Guard in
1971.  His notification of eligibility for retired pay at age 60 (his 20-
year letter) is dated 21 June 1988.  He apparently did not enroll in the
Reserve Component SBP at that time.  He was separated from the Army
National Guard and transferred to the U. S. Army Reserve in October 1988.
He was promoted to lieutenant colonel effective 5 October 1988.  He was
assigned to the Retired Reserve effective     14 September 1993.

2.  On 30 November 2003, the applicant completed a DD Form 2656.  The
instructions immediately beneath the title to the form state "(Please read
Instructions and Privacy Act Statement before completing form)."

3.  In item 26g of Section IX (SURVIVOR BENEFIT PLAN (SBP) ELECTION (See
your Survivor Benefit Plan counselor before making an election)), the
applicant indicated he elected not to participate in the SBP.  In item 27a,
he indicated he elected coverage to be based on full gross pay.

4.  On the copy of the DD Form 2656 provided by the applicant, his spouse
and a witness signed (their original signatures are on the form) in items
30a and 31b of Section XI (SBP SPOUSE CONCURRENCE (Required when member is
married and elects child(ren) only coverage, does not elect full spouse
coverage, or declines coverage.  The spouse MUST NOT SIGN this statement
before the member makes the SBP election and signs the form)).  The witness
is not the same witness who signed in item 33b of Section XII
(CERTIFICATION).

5.  The Defense Finance and Accounting Service (DFAS) faxed a copy of the
applicant's DD Form 2656 to the Board analyst on 12 September 2005.  That
DD Form 2656 was identical to the one provided by the applicant except his
spouse and a witness had not signed in Section XI.

6.  The DD Form 2656 is a 4-part document, pages 3 and 4 consisting of
general instructions for the completion of the form.  The general
instructions state the member's personnel office, disbursing/finance
office, and SBP Counselor will assist him or her in the proper completion
and submission of the form.  The instructions for the completion of Section
IX indicate items 26 through 28 fall under Section IX.  The instructions
for item 26g inform the member to mark if he or she does not desire
coverage under the SBP ("If married and declining coverage, items 30 and 31
of Section XI must be completed").  The instructions for item 27a inform
the member to mark if he or she desires the coverage (emphasis added) to be
based on his or her full gross retired pay without Supplemental SBP.

7.  The instructions for Section XI of the DD Form 2656 inform the member,
in part, that an otherwise eligible spouse must concur if the member
declines to elect SBP coverage.  The instructions also inform the member
that, if concurrence is not obtained when required, maximum coverage will
be established for the spouse.

8.  The U. S. Army Human Resources Command – St. Louis (USAHRC – STL)
provides a general instruction sheet to members with their retired pay
application packet.  The general instruction sheet states, in part,
"Questions pertaining to the completion of the enclosed forms may be
directed to the Customer Contact Office of this Command by dialing 1-800-
___-____."

9.  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.

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.

11.  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 the 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 instructions on the DD Form 2656 itself (i.e., pages 1 and 2 of the
form) clearly indicated that Section IX pertained to the SBP.  The
instructions on the two instruction pages of the DD Form 2656 (i.e., pages
3 and 4 of the form) provided more detailed instructions on completing the
form and Section IX.

2.  The applicant's checking of both item 26g (that he elected not to
participate in the SBP) and item 27a (that he elected coverage based on
full gross pay) was contradictory.  However, the instructions on the DD
Form 2656 itself clearly indicated that the applicant's spouse must provide
her concurrence if he declined coverage.  The instructions for Section XI
on the two instruction pages of the DD Form 2656 informed him that, if
concurrence was not obtained when required, maximum coverage would be
established for the spouse.  The available evidence shows his spouse did
not sign in Section XI concurring with an election not to participate in
the SBP at the time the DD Form 2656 was originally prepared.

3.  Furthermore, the general instruction sheet provided by USAHRC - STL
with the applicant's retired pay application packet would have provided him
a contact number if he had any questions pertaining to the completion of
the DD Form 2656.

4.  The applicant became eligible to draw retired pay on 1 December 2004.
He will have a 1-year period beginning on 1 December 2006 in which to
terminate his SBP enrollment.  He is encouraged to contact the nearest
Retirement Services Officer prior to making his decision for more
information.  A copy of the Retirement Services Officer Directory
(available in Army Echoes) will be provided to him.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __lds___  __mjf___  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.




                                  _Margaret K. Patterson
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001830                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |137.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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