RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 August 2006
DOCKET NUMBER: AR20050014373
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. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. Jerome Pionk | |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 Survivor Benefit Plan (SBP)
election be changed from spouse coverage, full base amount, to spouse
coverage with a reduced base amount of $1,000.
2. The applicant states the original paperwork for SBP coverage was filled
out correctly, but the witness did not sign the document. As a result, he
was given maximum SBP coverage.
3. The applicant provides a copy of Army Regulation 15-185 (Army Board for
Correction of Military Records), effective 29 February 2000, and a copy of
his DD Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 January 1984 and
continued to serve on active duty through a series of reenlistments.
2. The applicant completed a DD Form 2656 on 3 June 2005. His DD Form
2656 shows he is married. He elected to participate in the SBP for spouse
coverage with a reduced base amount of $1,000. Section XI (SBP Spouse
Concurrence) on his DD Form 2656 is blank. Blocks 31b (Signature) and 33b
(Signature) are not signed by the witness.
3. The applicant retired, effective 1 August 2005, in the rank of master
sergeant, E-8.
4. By a letter dated 25 May 2006 from the ABCMR, the applicant was
notified that his spouse should provide concurrence with his decision to
elect a reduced amount of SBP coverage. However, his spouse did not
respond within the time allotted.
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 applicant’s DD Form 2656 shows he elected to participate in the SBP for
spouse only coverage with a reduced base amount of $1,000. However, it
appears his spouse did not concur with his decision, since section XI is
blank on his DD Form 2656 and she did not return a concurrence upon the
request from the Board staff. Since the spouse’s concurrence is required,
there is no basis for granting the applicant’s request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LS______ JM______ JP______ 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.
Linda Simmons_________
CHAIRPERSON
INDEX
|CASE ID |AR20050014373 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060822 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |137.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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