RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2005
DOCKET NUMBER: AR20050005523
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. James C. Hise | |Chairperson |
| |Mr. Ronald E. Blakely | |Member |
| |Ms. Jeanette R. McCants | |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, with his spouse's concurrence, not to participate in the Survivor
Benefit Plan (SBP) and reimbursement of SBP premiums deducted from his
retired pay.
2. The applicant states he applied for retirement in May 2004, but the U.
S. Army Human Resources Command – St. Louis (USAHRC – STL) lost his
application. He was told to reapply in October, which was after he was
eligible for retired pay. Then, when he questioned the SBP deductions, he
was told his declination was invalid because it was signed after his date
of retirement.
3. The applicant provides two emails, dated 12 March 2005 and 31 March
2005; his retirement orders; a Summary of Retired Pay Account prepared 7
February 2005; and a DD Form 214 (Certificate of Release or Discharge from
Active Duty) for the period ending 23 August 1993.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board. This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant plus a USAHRC – STL
Soldier Management System (SMS) record of phone conversations/other actions
and his DD Form 2656 (Data for Payment of Retired Personnel).
2. The applicant was born on 4 October 1944. He turned age 60 on 4
October 2004.
3. SMS shows the applicant's retired pay packet was received by USAHRC –
STL on 20 October 2004. SMS also shows he called USAHRC – STL on
5 November 2004 inquiring about the status of his application. On that
date he "stated this was the second packet he sent in." He called again on
20 January 2005 and stated "he submitted it twice, in May and October."
4. The applicant's DD Form 2656, obtained from the Defense Finance and
Accounting Service – Cleveland Center (DFAS – CL) is dated 10 November
2004. The form shows the applicant elected not to participate in the SBP
and
his spouse provided her concurrence with his decision. She provided her
concurrence again on 25 November 2005.
5. 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 or defaults
to automatic spouse coverage.
DISCUSSION AND CONCLUSIONS:
USAHRC – STL has no record of receiving the applicant's retired pay packet
the applicant contends he submitted in May 2004; however, SMS records
indicate he did inquire twice about his retired pay packet and mentioned he
had submitted it twice. The Board accepts his contention that he submitted
his retired pay packet in May 2004, wherein he completed a DD Form 2656 and
elected to decline to participate in the SBP with his spouse's concurrence,
and that the packet was lost. Therefore, it would be equitable to correct
the applicant's records to show his retired pay packet was received and
processed in a timely manner, i.e., prior to October 2004, and to refund
him any SBP premiums deducted from his retired pay.
BOARD VOTE:
__jch___ __reb___ __jrm___ 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 all
Department of the Army records of the individual concerned be corrected by:
a. showing his retired pay packet, wherein he completed a DD Form
2656 and elected to decline to participate in the SBP with his spouse's
concurrence, was received and processed by USAHRC – STL and DFAS-CL in a
timely manner; and
b. refunding to him any SBP premiums deducted from his retired pay.
___James C. Hise______
CHAIRPERSON
INDEX
|CASE ID |AR20050005523 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051220 |
|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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