RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 December 2005
DOCKET NUMBER: AR20050003685
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. Bernard P. Ingold | |Chairperson |
| |Mr. Donald W. Steenfott | |Member |
| |Mr. Edward E. Montgomery | |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 records be corrected to show he elected
to participate in the Survivor Benefit Plan (SBP) for spouse and children
coverage.
2. The applicant states he and his spouse elected spouse and children
coverage at their SBP briefing, but when the form was completed that block
was overlooked.
3. The applicant provides his DD Form 2656 (Data for Payment of Retired
Personnel) and his spouse's concurrence statement.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 May 1979.
2. On 17 December 2002, the applicant's spouse had concurred in his
decision to elect to participate in the SBP by checking item 4 of 4 on the
Statement of Spousal concurrence, an attachment to the DD Form 2656: "Full
coverage for spouse or spouse and children." The entry, "(10 years)," was
annotated on this line.
3. On 13 February 2003, the applicant completed a DD Form 2656. Item
25 (Dependent Children) indicated he had one daughter, date of birth 20
April 1992. Item 26a indicated he elected coverage for spouse only. Item
26b was for spouse and children coverage.
4. The applicant retired on 1 June 2003.
5. 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.
6. 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:
The Board accepts the 17 December 2002 concurrence of the applicant's
spouse in which it appears she had added the entry, "(10 years)" (i.e., the
age of their daughter), together with the applicant's current contention,
that both of them agreed he would elect spouse and children SBP coverage.
The Board accepts the applicant's contention he erroneously signed the DD
Form 2656 with item 26a rather than 26b checked. Back due SBP premiums may
need to be collected.
BOARD VOTE:
__bpi___ __dws___ __eem___ 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
applicant's DD Form 2656 dated 13 February 2003 be corrected to show he
elected to participate in the SBP for spouse and children coverage and that
the Defense Finance and Accounting Service collect any premiums due as a
result of this correction.
__Bernard P. Ingold___
CHAIRPERSON
INDEX
|CASE ID |AR20050003685 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051206 |
|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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