RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060011650
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 Slone
Chairperson
Mr. David Haasenritter
Member
Mr. John Heck
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 DD Form 2656 (Data for Payment of Retired Personnel), dated 3 February 2005, be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse only coverage.
2. The applicant states that after reviewing his DD Form 2656 in detail, he discovered that the incorrect box was checked in error. He requests that the SBP be established upon his retirement date (18 August 2005).
3. The applicant provides a copy of his DD Form 2656.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 August 1945. He was appointed a Reserve officer in the California Army National Guard on 24 August 1968. He was transferred to the Retired Reserve on 24 January 1985.
2. The applicant married on 28 November 1992.
3. The applicant's DD Form 2656, dated 3 February 2005, shows he is married. The left-hand side of Item 26 (Beneficiary Category(ies)) in Section IX (Survivor Benefit Plan Election) (the basic coverage-type election blocks) on the applicants DD Form 2656 is blank. The applicant only checked the box I do have eligible dependents under the plan in item 26g (I Elect Not to Participate in SBP) on his DD Form 2656.
4. The applicant was placed on the retired list effective 18 August 2005.
5. Officials at the Defense Finance and Accounting Service (DFAS) indicate that the applicants check mark in item 26g on his DD Form 2656 indicates that he elected not to participate in the [standard] SBP and his wife concurred with this election.
6. 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. The election must be made prior to the effective date of retirement. Failure to make a valid election defaults to automatic spouse coverage.
DISCUSSION AND CONCLUSIONS:
It appears the applicants election in Section IX on his DD Form 2656 is invalid. He did not check the box in item 26g indicating that he elected not to participate in the SBP; he only checked the block indicating he had dependents. Therefore, it would be equitable to correct his DD Form 2656 to show he elected to participate in the SBP for spouse only coverage on 3 February 2005. DFAS will collect premiums from the date of his retirement.
BOARD VOTE:
JS____ __DH____ __JH____ 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 amending his DD Form 2656, dated 3 February 2005, to show he elected to participate in the SBP for spouse only coverage, full base amount.
___John Slone_________
CHAIRPERSON
INDEX
CASE ID
AR20060011650
SUFFIX
RECON
DATE BOARDED
20070419
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
137.0000
3.
4.
5.
6.
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