RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060011245
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
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Susan Powers
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 his military records be corrected to show that he elected not to participate in the Survivor Benefit Plan (SBP).
2. The applicant states that during his pre-separation briefing he was instructed that election to enroll in the SBP for his current spouse would result in the SBP cost being subtracted from his disposable retired pay before the available amount was split for payment to a former spouse. He contends that he was not instructed that this was only the case if the former spouse was the beneficiary of the SBP. He states that when he received his Retiree Account Statement in mid-July and noticed the mistake, he called the Defense Finance and Accounting Service and was informed that he needed to apply to this Board to have his records corrected to show he elected not to participate in the SBP.
3. The applicant provides a DD Form 2656 (Data for Payment of Retired Personnel), dated 19 January 2006; and a document titled, Dividing Retired Pay as Property.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 2656, dated 19 January 2006, shows he is married. Section IX (Survivor Benefit Plan Election) on his DD Form 2656 shows he elected spouse and children coverage with full base amount.
2. On 30 June 2006, the applicant retired in the rank of Chief Warrant Officer Four after completing 25 years of active duty.
3. On 6 March 2007, the applicants spouse provided a written statement concurring with his decision to change his SBP coverage from spouse and children to I elect not to participate in 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. Elections are made by category, not by name.
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:
The applicant's DD Form 2656 shows he elected spouse and children coverage with full base amount. However, it appears he 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:
JI______ __SP____ _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 all Department of the Army records of the individual concerned be corrected by showing he completed a DD Form 2656 on 19 January 2006 and elected not to participate in the SBP, with spouse concurrence.
__John Infante________
CHAIRPERSON
INDEX
CASE ID
AR20060011245
SUFFIX
RECON
DATE BOARDED
20070403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
137.0300
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060001034C070205
Jonathan Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. 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...
ARMY | BCMR | CY2007 | 20070000616
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2007 DOCKET NUMBER: AR20070000616 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. The applicant requests, in effect, that his Survivor Benefit Plan (SBP) election be corrected by immediately withdrawing his spouse from the SBP program and refunding all of the SBP payments that he has made. c. The...
ARMY | BCMR | CY2006 | 20060001180C070205
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On the form, he indicated that he elected not to participate in the SBP. 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.
ARMY | BCMR | CY2006 | 20060011849
The applicant requests correction of his military records to show his wife concurred with his Survivor Benefit Plan (SBP) election prior to his retirement. Since the applicants spouse concurred with his election not to participate in the SBP, it would be equitable to correct her spousal concurrence form to show she concurred with his SBP election on 2 May 2006, and to correct his applicable records to show this form was accepted and processed by the appropriate office in a timely manner. ...
ARMY | BCMR | CY2007 | 20070000335
Powers Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicants military service records contain a DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate), dated 24 November 1993. The evidence of record shows that the applicant attained age 60 and eligibility for retired pay on 5 November 2006.
ARMY | BCMR | CY2009 | 20090020413
Section XII (SBP Spouse Concurrence) of the DD Form 2656 instructs the applicant that "SBP spouse concurrence is required when a member is married and elects children-only coverage, does not elect full spouse coverage, or declines coverage. The evidence of record shows the applicant submitted a DD Form 2656 wherein he elected, in the presence of an RSO counselor, to participate in the SBP children-only coverage. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2005 | 20050017039C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2006 DOCKET NUMBER: AR20050017039 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. The applicant requests, in effect, that his military records be corrected to show that he elected not to participate in the Survivor Benefit Plan (SBP). Option B and C participants do not make a new SBP election at age 60.
ARMY | BCMR | CY2006 | 20060001467C070205
The spouse MUST NOT SIGN this statement before the member makes the SBP election and signs the form. 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. The applicant’s spouse submitted a written statement on 24 August 2006 concurring with the applicant’s election not to...
ARMY | BCMR | CY2005 | 20050014373C070206
Jerome Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of Army Regulation 15-185 (Army Board for Correction of Military Records), effective 29 February 2000, and a copy of his DD Form 2656 (Data for Payment of Retired Personnel). 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...
ARMY | BCMR | CY2009 | 20090004444
The applicant requests, in effect, that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse and children coverage. The applicant states, in effect, that when he applied for retirement on 18 June 2008 he enrolled in the SBP only after being assured that he could opt out of this program at any time by submitting a DD Form 2656-2 (Survivor Benefit Plan Termination Request). In support of his claim, the applicant provided a DD Form 2656, dated 18...