RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20050012181


      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. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |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 her records be corrected to show she
elected not to participate in the Survivor Benefit Plan (SBP).

2.  The applicant states she declined to participate in the SBP.  Her
spouse was counseled and agreed with her decision.  After she retired, she
discovered the SBP premiums were being deducted from her pay.  She faxed
her DD Form 2656 (Data for Payment of Retired Personnel) to the Defense
Finance and Accounting Service (DFAS).  However, DFAS informed her the "x"
was not marked in item 26g ("I elect not to participate in SBP").  She
contacted the Separations and Retirement Section, Fort Belvoir, VA, who
told her not all of her paperwork had been submitted to DFAS.  That office
faxed DFAS a copy of the DD Form 2656 with the "x" marked in item 26g;
however, premiums are still being deducted.

3.  The applicant provides a DFAS Summary of Retired Pay Account dated
   18 November 2004; two copies of a DD Form 2656; a fax cover sheet from
her to DFAS dated 1 February 2005; and a fax cover sheet from Separations
and Retirement Section, Fort Belvoir, VA to DFAS dated March 2005.

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 evidence provided by the applicant.

2.  After completing 20 years of active duty, the applicant retired on 1
November 2004 in the rank of Sergeant First Class.

3.  One copy of the DD Form 2656 provided by the applicant shows she signed
the form on 28 October 2004 and her spouse signed the form on 1 November
2004.  This copy does not have any indication in item 26 (Beneficiary
Category(ies)) as to what category of SBP election (to include an election
not to participate in the SBP) she chose.

4.  The second copy of the DD Form 2656 provided by the applicant shows
she signed the form on 28 October 2004 and her spouse signed the form on
   1 November 2004.  This copy indicates in item 26g that she elected not
to participate in the SBP.

5.  The DFAS Summary of Retired Pay Account dated 18 November 2004
indicates DFAS did not receive her SBP election and therefore she was
provided automatic SBP coverage effective 1 November 2004.

6.  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.  The election must be
made before the first day for which the member is eligible for retired pay.

7.  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:

1.  DFAS had indicated the applicant was provided automatic SBP coverage
effective 1 November 2004 because they did not receive her SBP election.

2.  The Separations and Retirement Section, Fort Belvoir, VA provided DFAS
a DD Form 2656 which indicated the applicant had declined to participate in
the SBP on 28 October 2004.  However, her spouse had signed the form,
concurring with her decision, on 1 November 2004.  Her election would still
have been invalid even if it had been received by DFAS because her spouse
did not give his concurrence prior to the first day she was eligible for
retired pay.

3.  Nevertheless, the evidence shows the applicant's spouse did concur with
her election not to participate in the SBP.  It would be equitable to
correct her records to show her spouse signed the DD Form 2656 on 28
October 2004 concurring with her decision and that the form was received
and processed by the appropriate office in a timely manner.

BOARD VOTE:

__slp___  __rld___  __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
showing her spouse signed the DD Form 2656 on 28 October 2004 concurring
with her decision to decline to participate in the SBP and the form was
received and processed by the appropriate office in a timely manner.




            __Shirley L. Powell___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050012181                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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