RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 September 2006
DOCKET NUMBER: AR20060001034
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:
| |Ms. Susan Powers | |Chairperson |
| |Mr. David Haasenritter | |Member |
| |Mr. Jonathan Rost | |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 his military records be corrected by
terminating his Survivor Benefit Plan (SBP) participation.
2. The applicant states he was not sent a DD Form 2656 (Data for Payment
of Retired Personnel) to make changes on the SBP. He contends that he was
sent the SBP Spouse Concurrence Statement which he was told to fill out and
notarize in order to make changes on his original agreement on SBP;
however, this statement is not acceptable.
3. The applicant provides a SBP Spouse Concurrence Statement, dated
31 August 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 2656, dated 22 August 2005, shows he is
married. Section IX (Survivor Benefit Plan Election) on his DD Form 2656
shows he elected spouse coverage with a reduced base amount of $1100.
However, 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 his DD Form 2656 is blank.
2. The applicant’s spouse was sent a Survivor Benefit Plan Spouse
Concurrence Statement. On 31 August 2005, she completed the form and
indicated she did not agree with the applicant’s SBP election and that she
elected “no survivor coverage for spouse and/or children.”
3. The applicant retired effective 1 December 2005 in the rank of sergeant
first class/pay grade E-7.
4. On 19 July 2006, the Defense Finance and Accounting Service (DFAS)
informed the Board analyst they initially deducted SBP premiums from the
applicant’s retired pay based on reduced coverage, but later changed the
deductions based on maximum coverage (due to his spouse’s nonconcurrence).
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:
1. The applicant's DD Form 2656 shows he elected spouse coverage with a
reduced base amount of $1100; however, his spouse did not concur with his
decision and in fact, “elected” no SBP coverage.
2. It appears the applicant contends he was not provided a new DD Form
2656 by which he could have implemented his spouse’s SBP desires.
Therefore, when DFAS realized the spouse did not concur with his SBP
coverage based on reduced amount, they implemented premium deductions based
on full coverage.
3. It appears the applicant was improperly counseled. Since his spouse
concurred with an election of no coverage, it would be equitable to correct
his records to show he elected not to participate in the SBP in a timely
manner.
BOARD VOTE:
SP_____ _DH_____ _JR_____ 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 he completed a DD Form 2656 on 31 August 2005 and elected not to
participate in the SBP, with spouse concurrence.
__Susan Powers_______
CHAIRPERSON
INDEX
|CASE ID |AR20060001034 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060907 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |137.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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