RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 August 2006
DOCKET NUMBER: AR20050017595
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. Kathleen A. Newman | |Chairperson |
| |Mr. Conrad V. Meyer | |Member |
| |Ms. Yolanda Maldonado | |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 his spouse signed his DD Form 2656 (Data for Payment of Retired
Personnel) on the same date that he signed it.
2. The applicant states he had picked up the DD Form 2656 on 9 May 2003
and took the form to his wife for signature. He was unable to return to
the office until 13 May 2003, when he signed the form. He was unaware
that by his dating the form four days after his spouse, he was voiding the
choice of electing no coverage. Due to other investments he has entered
into to take care of his family, he requests that his records be corrected
and his money refunded.
3. The applicant provides a DD Form 108 (Application for Retired Pay
Benefits); an Army National Guard Retirement Points History Statement; his
notification of eligibility for retired pay at age 60 (his 20-year letter);
his DD Form 1883 (Survivor Benefit Plan Election Certificate) with a
Reserve Component Supplemental Survivor Benefit Plan Election Certificate;
and his DD Form 2656.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 5 April 1945. He entered the Army National
Guard on 17 April 1972. The applicant’s 20-year letter is dated 26 June
1992. On 18 July 1992, he completed a DD Form 1883 and elected to
defer his decision to participate in the SBP until he reached age 60
(option A). He was promoted to Major General on 21 May 1996.
2. On 13 May 2003, the applicant completed a DD Form 2656 and elected not
to participate in the SBP.
3. The applicant’s spouse had signed the DD Form 2656 on 9 May 2003, in
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)).
4. 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.
5. 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.
6. 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 applicant’s contentions have been carefully considered.
2. However, the DD Form 2656 clearly emphasized that (in cases where the
member is married and elects child(ren) only coverage, does not elect full
spouse coverage, or declines coverage) the spouse MUST NOT SIGN the form
before the member makes the SBP election and signs the form.
3. Unfortunately, there is insufficient evidence which would warrant
granting the relief requested. However, the applicant will have a one-year
window of opportunity, beginning on 1 May 2007, in which to request
termination of the SBP.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__kan___ __cvm___ __ym____ 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.
__Kathleen A. Newman__
CHAIRPERSON
INDEX
|CASE ID |AR20050017595 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060801 |
|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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