RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 September 2006
DOCKET NUMBER: AR20060001467
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. Allen Raub | |Chairperson |
| |Mr. Linda Barker | |Member |
| |Mr. Qawiy Sabree | |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 her records be corrected to
show she declined participation in the Survivor Benefit Plan (SBP).
2. The applicant states that she does not want her husband to have
survivor benefits.
3. The applicant provides a copy of her marriage certificate to her
current spouse and her Judgment of Divorce from her former spouse.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 27 May 1945. She was appointed as a Reserve
commissioned officer on 7 December 1974 in the rank of first lieutenant.
2. The applicant was married to her former spouse on an unknown date and
was divorced on 25 August 1981.
3. The applicant's notification of eligibility for retired pay at age 60
(20-Year Letter) is dated 28 July 1995. She apparently elected not to
participate in the Reserve Component Survivor Benefit Plan (RCSBP) at that
time.
4. She was married to her current spouse on 2 August 1996.
5. On 19 April 2004, the applicant completed a DD Form 2656 (Data for
Payment of Retired Personnel). She placed an “X” in Block 26g to indicate
she elected not to participate in the SBP. She placed an “X” in Block 27a
indicating she elected coverage to be based on full gross pay without
supplemental SBP. Her spouse signed the DD Form 2656 under Section XI (SBP
Spouse Concurrence) to indicate he concurred with the applicant’s decision
to decline participation in the SBP. Section XI specifically states,
“(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.)”
6. The applicant reached age 60 on 27 May 2005.
7. By a letter, dated 11 August 2006, the Board analyst requested that the
applicant clarify whether her spouse had concurred with her election not to
participate in the SBP or with her election to participate in the SBP based
on full gross pay without supplemental SBP. Her spouse concurred with her
election not to participate in the SBP on 24 August 2006.
8. Public Law 92-425, enacted 21 September 1972, established the SBP. The
SBP 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 spouse coverage.
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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received her 20-Year Letter
on 28 July 1995. However, her RCSBP election form is not available and it
appears she did not elect to participate in the RCSBP at that time.
2. The applicant completed and signed a DD Form 2656 on 19 April 2004 and
elected not to participate in the SBP. However, she marked Block 27a on
the DD Form 2656 for full gross pay coverage. Also with her contradictory
election, her spouse concurred.
3. The applicant’s spouse submitted a written statement on 24 August 2006
concurring with the applicant’s election not to participate in the SBP.
4. As a matter of equity, it would be appropriate to amend the applicant’s
DD Form 2656 to show she elected not participate in the SBP on 19 April
2004 and that her spouse concurred with that decision the same date.
BOARD VOTE:
AR______ LB______ QS______ 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 the DD
Form 2656 of the individual concerned be amended to show she elected to
decline, with her spouse’s concurrence, participation in the SBP on 19
April 2004.
Allen Raub____________
CHAIRPERSON
INDEX
|CASE ID |AR20060001467 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060912 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |137.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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