RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060000605


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 DD Form 2656 (Data for
Payment of Retired Personnel), dated 6 July 2004, be corrected to show he
elected not to participate in the Survivor Benefit Plan (SBP).

2.  The applicant states, in effect, that he elected not to participate in
the SBP and his wife concurred with this SBP election; however, the
retirement services noncommissioned officer mistakenly checked SBP on his
DD Form 2656.  He contends that he discovered the error when his first
retired pay direct deposit was received.

3.  The applicant provides two memorandums, dated 22 December 2005 and
15 June 2005, from the retirement services noncommissioned officer; a DD
Form 2656, dated 14 June 2005; a DD Form 2656, dated 6 July 2004; a DD Form
108 (Application for Retired Pay Benefits); a NGB Form 23B (Army National
Guard Retirement Points History Statement); a 20-Year letter; and promotion
orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 21 May 1945.  Having prior active and
inactive service, the applicant enlisted in the Tennessee Army National
Guard on
27 August 1970.  On 17 August 1997, he was honorably discharged in the rank
of colonel and transferred to the Retired Reserve.

2.  The applicant's DD Form 2656, dated 6 July 2004, shows he is married.
Section IX (Survivor Benefit Plan Election) on his DD Form 2656 shows he
elected not to participate in the SBP but also shows he elected coverage to
be based on full gross pay without supplemental SBP.  Section XI (SBP
Spouse Concurrence (Required when member is married and elects children
only coverage, does not elect full spouse coverage, or declines coverage))
on this DD Form 2656 is blank.

3.  In support of his claim, the applicant provided a memorandum, dated
22 December 2005, from the retirement services noncommissioned officer in
question.  She requested that the applicant not be penalized for SBP
deductions due to an error made by her.  She also submitted a corrected
copy of the DD Form 2656 (dated 14 June 2005) which shows the applicant
elected not to participate in the SBP with his wife’s concurrence and she
provided a memorandum to reflect the original intent of the applicant (not
to participate in the SBP).

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.  An election must be
made before the effective date of retirement, or coverage automatically
defaults to spouse coverage (if applicable).

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.

DISCUSSION AND CONCLUSIONS:

1.  Since the concurrence of the applicant’s spouse was not obtained on the
DD Form 2656, dated 6 July 2004, he was automatically enrolled in the SBP
for spouse coverage.  The corrected copy of his DD Form 2656, with his
spouse’s concurrence, was not completed until 14 June 2005, after he turned
age 60.


2.  Since the retirement services noncommissioned officer provided a
statement acknowledging her error on the applicant’s original DD Form 2656,
and the applicant’s spouse concurred with his election not to participate
in the SBP on
14 June 2005, it would be equitable to correct his DD Form 2656 to show he
elected not to participate in the SBP on 6 July 2004, with his spouse’s
concurrence, and to correct his applicable records to show his DD Form 2656
was accepted and processed by the appropriate office in a timely manner.

BOARD VOTE:

JM_____  _PF_____  _RH_____  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
correcting his DD Form 2656 to show he completed the form on 6 July 2004
and elected not to participate in the SBP, and that his spouse signed the
form on 6 July 2004 concurring with his election, and the DD Form 2656 was
accepted and processed by the appropriate office in a timely manner.



                                  __John Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000605                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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