RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060014201
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward E. Montgomery
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 her military records to show that she elected not to participate in the Survivor Benefit Program (SBP).
2. The applicant states, in effect, that she and her spouse elected not to participate in the SBP at the time of her retirement in 2003 and would like to be reimbursed for all monies deducted from her retirement pay for SBP premiums.
3. The applicant provides copies of her Data for Payment of Retired Personnel (DD Form 2656), dated 29 September 2003 and 24 September 2003; and sworn statements from her spouse, dated 27 September 2006; and from the Transition Specialist, dated 25 September 2006.
CONSIDERATION OF EVIDENCE:
1. On 1 October 2003, the applicant retired from the Regular Army as a staff sergeant, pay grade E6.
2. The original DD Form 2656, dated 29 September 2003, shows that the applicant had elected not to participate in the SBP. Her spouse concurred, signing the form on 24 September 2003, 5 days prior to the retiring applicant.
3. The corrected DD Form 2656, dated 24 September 2003, shows that both the applicant and her spouse signed the form on 24 September 2003. The spouse again concurred with not participating in the SBP.
4. On 25 September 2006, the Transition Specialist signed a Memorandum for Record indicating that it was never the intention of either the applicant or her spouse to participate in the SBP. A deduction for SBP is being taken out of the applicant's retired pay. The first DD Form 2656 was invalidated because the spouse's signature predated the applicant's. A second DD Form 2656 was processed according to instructions from the Defense Finance and Accounting Service, but it too was invalid because the Transition Specialist did not sign as witness to the signatures of the applicant and spouse.
5. On 27 February 2006, the applicant's spouse provided a sworn statement indicating that he elected to not participate in the SBP at the time of the applicant's retirement and still declines to participate in the program.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant elected to not participate in the SBP and her spouse concurred.
2. The Transition Specialist stated that deductions are being taken from the applicant's retired pay for the SBP.
3. As a matter of justice, the applicant's records should be corrected to show that she did not elect to participate in the SBP and that her spouse concurred with this decision. Furthermore, all monies deducted from her retired pay for the purpose of paying SBP premiums, should be reimbursed.
BOARD VOTE:
__EM ___ __CLG__ __MJF __ 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 the applicant elected to not participate in the SBP, with the concurrence of her spouse; and, that all monies deducted from her retired pay for the purpose of paying SBP premiums be reimbursed.
__ Curtis L. Greenway____
CHAIRPERSON
INDEX
CASE ID
AR20060014201
SUFFIX
RECON
DATE BOARDED
20070412
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
137.0400
2.
3.
4.
5.
6.
ARMY | BCMR | CY2010 | 20100008753
On 14 January 2004, he completed a DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate), electing to provide full (spouse only) SBP coverage under option C (Immediate Annuity). Because the evidence clearly shows he intended to decline SBP with his wife's concurrence, it would be equitable to correct his DD Form 2656, to show the applicant, witness, applicant's spouse, and the notary all signed and dated the form on 16 September 2009, declining SBP with a...
ARMY | BCMR | CY2004 | 20040010399C070208
The opinion stated that the applicant's retirement pay packet was submitted to that office on 6 November 2003 and the DD Form 2656 clearly shows the applicant chose not to participate in the SBP. The member may elect not to participate but the election must be made before the first day for which the member is eligible for retired pay. The evidence of record shows she completed and signed another DD Form 2656 on 15 November 2004 and her spouse signed, two days after, concurring in her...
ARMY | BCMR | CY2008 | 20080011314
The applicant provides a November 2008 notarized statement confirming that she and her husband declined participation in the SBP, a July 2006 Retired Pay Department document, a July 2006 Retiree Account Statement, and a March 2008 statement from the applicant and her spouse. A DD Form 2656, dated 20 March 2006, provided by DFAS, provides the following information: a. at block 26g, that the applicant elected not to participate in the SBP; b. at block 29, that there was a "spouse letter"...
ARMY | BCMR | CY2011 | 20110004758
The applicant provides: * His and his spouse's DD Forms 2656 (Data for Payment of Retired Personnel) * His April 2011 and his spouse's March 2011 RAS * Wife's notarized statement CONSIDERATION OF EVIDENCE: 1. 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 child(ren) only coverage, does not elect full spouse coverage, or declines coverage. However, by law, his spouse was required...
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 | CY2012 | 20120022350
However, the date she signed was after the date of her spouse's signature on the Spouse SBP Election Concurrence Statement. By law, her spouse was required to authenticate this form on or after the date she made this election but prior to the date of her retirement. Therefore, in the interest of equity, the applicant's records should be corrected to show she elected not to participate in the SBP with her spouse's concurrence and reimbursing her for any excess SBP premiums paid.
ARMY | BCMR | CY2012 | 20120006674
Her retiree account statement is not available for review; however, without her spouse's signature in item 32a of her DD Form 2656, indicating his concurrence with her decision to decline participation in the SBP, her SBP election would automatically default to spouse-only coverage by law. By law, since her spouse did not acknowledge his concurrence of her election not to participate in the SBP prior to her effective date of retirement, it is proper that her SBP election defaulted to...
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 | CY2011 | 20110012267
The evidence of record shows that prior to his retirement on 31 December 2010, the applicant and his wife elected to decline participation in the SBP with a duly witnessed and notarized DD Form 2656, dated 21 December 2010. In the interest of equity and justice, his records should be corrected to show he elected not to participate in the SBP with his spouse's concurrence prior to the date of his retirement. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060009533C071029
On this form, the applicant reported he had no spouse and dependent children; however, in Section IX (Survivor Benefit Plan (SBP) Election), Item 26 (Beneficiary Category), he incorrectly elected SBP coverage for his children. Based on the evidence in this case, it would be equitable to correct his DD Form 2656 to show he declined participation in SBP and to return all monies deducted by DFAS for SBP annuity premiums from his retired pay since 1 July 2003. As a result, the Board recommends...