RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 August 2006
DOCKET NUMBER: AR20060001180
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:
| |Mr. Paul M. Smith | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Mr. Ronald D. 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 elected not to participate in the Survivor Benefit Plan (SBP) and
that his spouse concurred with his election prior to his retirement.
2. The applicant states his DD Form 2656 (Data for Payment of Retired
Personnel) was filled out properly. His spouse was not at Fort Hood with
him, so the technician had to send her the SBP packet. When the applicant
was ready to out-process, the technician said all the paperwork was good;
however, the date was missing on his spouse’s SBP concurrence form. Also,
finance did not receive the form from the technician until October 2005.
3. The applicant provides his DD Form 2656, his spouse’s concurrence form,
and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 July 1984.
2. On 26 April 2005, the applicant completed a DD Form 2656. On the form,
he indicated that he elected not to participate in the SBP.
3. The applicant’s spouse indicated she concurred with his election by
signing a Survivors Benefit Plan Statement and checking the statement, “NO
SURVIVOR COVERAGE FOR SPOUSE OR CHILDREN.” The Statement requests the
spouse’s signature and date; however, the applicant’s spouse did not date
the Statement.
4. The applicant retired on 1 July 2005. He was automatically enrolled in
the SBP.
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. The election must be
made prior to the effective date of retirement or coverage defaults to
automatic coverage, full base amount.
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. A spouse’s concurrence with a member’s election not to participate in
the SBP is required, and an SBP election must be made prior to the
effective date of retirement. That is why the date the applicant’s spouse
signed her concurrence Statement was required.
2. However, the evidence shows the applicant’s spouse clearly understood
she was concurring with his election not to participate in the SBP.
Therefore, it would be equitable to correct the records to show that the
applicant’s spouse signed her concurrence statement after the applicant
indicated he declined the SBP, but before the effective date of his
retirement.
BOARD VOTE:
__pms___ __lmd___ __rdg___ 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 his spouse signed the Survivors Benefit Plan Statement, concurring
with his election not to participate in the SBP, on 1 May 2005.
__Paul M. Smith_______
CHAIRPERSON
INDEX
|CASE ID |AR20060001180 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060829 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |137.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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