RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050018203


      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:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 he declined participation in the Survivor Benefit Plan (SBP).

2.  The applicant states that his initial application for pension was
incorrect.  He states that he never elected SBP and he forgot to have his
spouse to sign indicating her concurrence.

3.  The applicant provides a copy of his DD Form 2656 (Data for Payment of
Retired Personnel); his notification of eligibility for retired pay at age
60 (20-Year Letter); a letter from the Chief, Retired Activities Division,
Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri; a
supplemental letter from the applicant; a letter from his spouse; and his
Retiree Account Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 28 November 1945.  He was appointed as a
commissioned officer in the U.S. Army Reserve on 10 September 1968 in the
rank of second lieutenant.

2.  The applicant was married to his current spouse on 19 November 1972.

3.  There is no record of his making a Reserve Component SBP (RCSBP)
election.  Letters from ARPERCEN to both him and his spouse reveal that he
did not submit a DD Form 1883 (SBP Election Certificate) within 90 days of
receiving his 20-Year Letter.

4.  On 29 July 2004, the applicant completed a DD Form 2656 and elected not
to participate in the SBP.  His spouse did not sign the DD Form 2656 under
Section XI (SBP Spouse Concurrence) to indicate she concurred with his
decision to decline participation in the SBP.  Section XI specifically
states, “(Required when member is married and elects child(en) 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.)”

5.  The applicant reached age 60 on 28 November 2005.

6.  The applicant provided a copy of his Retiree Account Statement with an
effective date of 5 December 2005, which shows SBP spouse only costs had
been deducted from his retired pay.

7.  On 8 June 2006, the applicant provided a copy of his 20-Year Letter and
his spouse submitted a letter concurring with the applicant’s request to
terminate participation in the SBP.

8.  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 member may elect
not to participate (with their spouse’s concurrence, if required), but the
election must be made before the first day for which the member is eligible
to receive retired pay.

9.  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.

10 .  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 evidence of record shows the applicant received his 20-Year Letter
on
4 May 1992.  It appears that the applicant failed to make an RCSBP election
at that time.

2.  When the applicant turned age 60 and applied for retired pay, he
elected to decline participation in the SBP.  However, his spouse did not
concur with his decision at that time, as required by law.  The DD Form
2656 specifically informed him his spouse’s signature was required if he
elected to decline to participate in the SBP.

3.  The applicant became eligible to draw retired pay on 28 November 2005
and will have a one-year period, beginning on 28 November 2007, in which to
terminate his SBP enrollment.  He is encouraged to contact the nearest
Retirement Services Officer for more information prior to making his
decision.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PS______  LD______  RG______  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.




                                  Paul Smith____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018203                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060929                                |
|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.       |137.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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