RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2007
DOCKET NUMBER: AR20060011849
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. James Vick
Chairperson
Mr. Patrick McGann
Member
Mr. Gerald Purcell
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 correction of his military records to show his wife concurred with his Survivor Benefit Plan (SBP) election prior to his retirement.
2. The applicant states, in effect, that he chose not to participate in the SBP and that his wife was sent a form to fill out and send back to Fort Monmouth, New Jersey showing her concurrence. He contends that they were packing to move that week and that he and his spouse believed the spousal concurrence form was sent back to New Jersey. When he discovered that his first retirement check had the SBP amount deducted, his wife sent in another spousal concurrence form but did not back date it.
3. The applicant provides a notarized statement, dated 4 August 2006, from his spouse concurring with the applicants decision to terminate participation in the SBP.
CONSIDERATION OF EVIDENCE:
1. Having prior active and inactive service in the U.S. Air Force, the applicant enlisted in the Army National Guard on 10 June 1988 and subsequently served on active duty. The applicant married on 5 January 2000.
2. The applicant's DD Form 2656, dated 2 May 2006, shows he is married. Section IX (Survivor Benefit Plan Election) on his DD Form 2656 shows he elected not to participate in the SBP. Section XI (SBP Spouse Concurrence (Required when member is married and elects children only coverage, does not elect full spouse coverage, or declines coverage)) on this DD Form 2656 is blank.
3. The applicant was placed on the retired list effective 1 July 2006.
4. On 20 July 2006, the applicants spouse concurred with the applicants SBP election (no survivor coverage for spouse or children).
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. An election must be made before the effective date of retirement, or coverage automatically defaults to spouse coverage (if applicable).
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. Since the concurrence of the applicants spouse was dated 20 July 2006, after his retirement, the applicant was automatically enrolled in the SBP for spouse coverage as a default election.
2. 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.
BOARD VOTE:
JV_____ _PM_____ _GP_____ 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 spousal concurrence form on 2 May 2006 concurring with his election not to participate in the SBP and that this form was accepted and processed by the appropriate office in a timely manner.
______James Vick______
CHAIRPERSON
INDEX
CASE ID
AR20060011849
SUFFIX
RECON
DATE BOARDED
20070424
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
137.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2014 | 20140011431
On 24 March 2014, a DFAS official (Cleveland office) provided the applicant's pay record including a DD Form 2656, dated 10 June 2014, which shows he declined participation in the SBP. The evidence of record confirms the applicant declined participation in the SBP with his spouse's notarized concurrence 10 days after his 31 May 2014 retirement on 10 June 2014 as evidenced by his DFAS record and the evidence he provides. Based on this 10-day delay, his election to decline SBP coverage was...
ARMY | BCMR | CY2011 | 20110011348
The evidence of record confirms the applicant elected spouse and children SBP coverage at a reduced base amount at the time of his retirement from military service. SBP premiums are deducted from a members retired pay. Therefore, based on the lack of SBP counseling received at the time of retirement, the applicant's record should be corrected in the interest of equity and justice, to show he declined participation, with his wife's concurrence, in the SBP which would also result in the...
ARMY | BCMR | CY2006 | 20060000605C070205
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides two memorandums, dated 22 December 2005 and 15 June 2005, from the retirement services noncommissioned officer; a DD Form 2656, dated 14 June 2005; a DD Form 2656, dated 6 July 2004; a DD Form 108 (Application for Retired Pay Benefits); a NGB Form 23B (Army National Guard Retirement Points History Statement); a 20-Year letter; and...
ARMY | BCMR | CY2009 | 20090008270
The applicant requests reconsideration of an earlier request that her military records be corrected to show she elected not to participate in the Survivor Benefit Plan (SBP) and that she be reimbursed for all of the deductions from her retired pay. The applicant provides a DD Form 2656-2 (SBP Termination Request), dated 1 May 2009. Although the applicant's spouse concurred with her SBP election on the DD Form 2656, this form reflects that the applicant made no SBP beneficiary election and...
ARMY | BCMR | CY2009 | 20090010262
He further states, in effect, that the Army Retirement Services explained that his wife had to sign a separate notarized statement concurring with his SBP election. The applicant provided a Spouse SBP Election Concurrence Statement indicating that his spouse elected to not participate in the SBP at the time of the his retirement and declined to participate in the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090011042
IN THE CASE OF: BOARD DATE: 16 March 2010 DOCKET NUMBER: AR20090011042 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The iPERMS record does not contain copies of his retirement orders, any SBP election forms, or any other documentation dated after the 20-year letter issue date. The DD Form 2656 provided by the applicant is dated 27 August 2007.
ARMY | BCMR | CY2011 | 20110017403
The case corrected the military records of an FSM to show the applicant (the FSM's spouse) was entitled to an RCSBP annuity effective the date following the FSM's death. There was no evidence the FSM completed a DD Form 1883 or that the spouse was informed the FSM could participate in the RCSBP. The evidence of record shows the FSM received his Twenty-Year Letter with the accompanying SBP forms in June 2000. a.
ARMY | BCMR | CY2009 | 20090002692
Evidence of record shows that the applicant elected not to participate in spousal SBP coverage on 25 March 2008. It would, therefore, be just and equitable to show that the applicant elected not to participate in the SBP on 25 March 2008 with her spouses concurrence on 26 March 2008, and to correct her applicable records to show her DD Form 2656 was accepted and processed by the appropriate office in a timely manner. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130013244
The applicant requests his DD Form 2656 (Data for Payment of Retired Personnel), dated 19 June 2003, be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse and children coverage. A Statement of Spousal Concurrence, dated 19 June 2003, shows Lori concurred with his SBP election (no survivor coverage for spouse; but coverage for children). No survivor coverage for spouse, but coverage for children 4.
ARMY | BCMR | CY2007 | 20070001685
Although the DD Form 2656 identifies the applicant's spouse by name and date of birth, it does not show it was authenticated by the spouse as indicated in Section XI (SBP Spouse Concurrence). Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded that the spouse's concurrence on the DD Form 2656 was not obtained on or after the date of the applicant's election. In order to justify correction...