RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 March 2007
      DOCKET NUMBER:  AR20060009974


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 deduction of Survivor Benefit
Plan (SBP) premiums from her retired pay be stopped.

2.  The applicant states, in effect, that she was not properly briefed on
her retirement options.  She claims that when she contacted her Reserve
unit, she was informed to go on line to complete the necessary documents
for retirement and to submit these documents to St. Louis.  She states that
several months later, she received her first retirement pay and noted the
SBP deduction, and when she contacted the Defense Finance and Accounting
Service (DFAS), she was informed she should have gone through a retirement
briefing so as to be properly informed.

3.  The applicant provides a Retiree Account Statement in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she was commissioned a second
lieutenant in the Army Nurse Corps (ANC) of the United States Army Reserve
(USAR) on
9 July 1983.

2.  The Reserve Personnel Accounting System (RPAS) shows the applicant's
date of birth is 13 January 1943, and a retirement points summary on file
confirms she completed a total of 22 years and 4 months of qualifying
service for non-regular retirement at age 60 as of 8 November 2005.

3.  A Data for Payment of Retired Personnel (DD Form 2656) completed by the
applicant on 27 December 2005, which is on file at the DFAS, shows that the
applicant elected spouse only SBP coverage based on full gross pay without
supplemental SBP.

4.  In Section XII (Certification) of the DD Form 2656 completed by the
applicant, she signed a statement certifying that she had been counseled on
termination procedures of the SBP.  The statement further indicated that
SBP participation could only be terminated within one year after the second
anniversary of commencement of retired pay, and only with the spouse's
concurrence.  It further indicated that if the option to terminate the SBP
was exercised, future participation is barred.  The applicant's spouse also
signed this document.

5.  United States Army Human Resources Command, St. Louis, Missouri, Orders
Number P01-680422, dated 17 January 2006, authorized the applicant's
retirement and placement on the Retired List under the provisions of Title
10 of the United States Code, Section 12731 (10 USC 12731), in the rank of
major, effective 7 November 2005.

6.  10 USC 12731 contains the legal authority for age and service non-
regular Reserve retirement at age 60.  It states, in pertinent part, that a
person is entitled to receive retired pay upon application at age 60 if the
person performed at least 20 years of qualifying service for non-regular
Reserve retirement.

7.  Public Law 105-85 established policy that allows an SBP participant to
terminate SBP coverage during the one-year period between the second and
third anniversary of the commencement of retired pay.  This provision of
the law further stipulates that none of the premiums paid will be refunded
and no annuity will be payable upon death, and that the participant's
covered spouse or former spouse must consent to the withdrawal.
Termination is permanent and participation may not be resumed under any
circumstance; future enrollment is barred.  Absent the loss of an eligible
beneficiary, the law provides no provisions for terminating SBP coverage
prior to the two-year anniversary of commencement of retired pay, or after
three years of receiving retired pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she was not properly informed of her
retirement options was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The requirements of the SBP are fully explained at regularly scheduled
pre-retirement orientations available before retirement, and information is
readily available at various web sites.  They are also covered in
Retirement Services Office briefings and publications that are widely
available throughout the Army.  Further, the applicant signed the DD Form
2656 certifying that she was properly counseled on the terms of his SBP
enrollment and on the termination procedures, which are clearly explained
in Section XIII of the form.

3.  The evidence of record confirms the applicant elected full "Spouse" SBP
 coverage in conjunction with her retirement.  The law provides no
provisions for terminating this coverage prior to the two year anniversary
of the commencement of her retired pay.  If she still wishes to terminate
SBP coverage, she will be able to do so in the one year period between the
second and third anniversary of her retirement, with her spouse's written
concurrence.
4.  The applicant is advised to contact the DFAS retired pay section to
determine what documents she will be required to submit and when she can
submit them if she pursues the SBP termination option.

5.  Absent specifically defined conditions, such as disability or loss of
an eligible beneficiary, the law provides no provisions for voluntary
termination outside of this defined period.  As a result, given there was
no error or injustice related to the applicant's SBP election, it would not
be appropriate to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  __DKH __  __LMD__  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.




                                  _____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009974                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/11/07                              |
|DISCHARGE AUTHORITY     |10 USC 12731                            |
|DISCHARGE REASON        |Reserve Retirement                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |137.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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