RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060012703
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 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 election under the Survivor Benefit Plan (SBP) be changed from full coverage to no survivor coverage for spouse or children. He also requests reimbursement of the SBP deductions taken from his retired pay back to his retirement date.
2. The applicant essentially states his spouse was unavailable to sign Section XI (SBP Spouse Concurrence) of his DD Form 2656 (Data for Payment of Retired Personnel during his out-processing. He also states his Survivor Benefits Counselor forwarded documents to his spouse, and that she declined SBP coverage for spouse and children, but that it appears that this information was not transmitted to the Defense Finance and Accounting Service (DFAS).
3. The applicant provides his DD Form 2656, an e-mail, dated 23 August 2006, from DFAS to the applicant, and documentation that his spouse declined SBP coverage for spouse and children on 4 August 2005 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
31 October 2005, the date of his retirement. The application submitted in this case is dated 21 August 2006.
2. The applicant retired from the Army National Guard on 31 October 2005 after he completed more than 20 years of active duty.
3. The applicant provided his DD Form 2656, in which he elected not to participate in the SBP. The applicants spouse did not complete Section XI of this document during the applicants out-processing on 29 July 2005. However, she did complete a spousal concurrence form on 4 August 2005, and concurred with the applicants SBP election of no survivor coverage for spouse or children. This document was also witnessed by two people.
4. Title 10 United States Code, Section 1448 provides, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member pursuant to Department of Defense Financial Management Regulation, Volume 7B, Chapter 43. When the spouses concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses. This chapter also states, in pertinent part, that the Secretary of the Military Department concerned (or designee) may correct any election or any change or revocation of an election when the Secretary considers it necessary to correct an administrative error.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his election under the SBP should be changed from full coverage to no SBP coverage for spouse or children. He also contends that he should be reimbursed the SBP deductions taken from his retired pay back to his retirement date.
2. Evidence of record clearly shows that the applicant elected not to participate in the SBP, and that his spouse concurred with his election, and that this spousal concurrence was witnessed by two individuals. Therefore, he is entitled to correction of his military records to show that he elected not to participate in the SBP. His spouse concurred with his election on 4 August 2005; therefore, he is entitled to back pay of any SBP deductions taken from his retired military pay.
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 showing that he elected not to participate in the SBP, and that his spouse concurred with his election on 4 August 2005, and paying him back any SBP deductions taken from his retired military pay
______ John Slone_________
CHAIRPERSON
INDEX
CASE ID
AR20060012703
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
137.0400.0000
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