RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 May 2007
DOCKET NUMBER: AR20060014590
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. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Mr. Gerald J. 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, in effect, that his election under the Survivor
Benefit Plan (SBP) be changed from full coverage to no survivor coverage.
He also requests reimbursement of the SBP deductions taken from his retired
pay back to the date they began.
2. The applicant states, in effect, that he and his spouse declined
enrollment into the SBP upon retirement. The applicant further states that
he and his spouse signed Item 30 (Spouse) of Section XI (SBP Spouse
Concurrence) of his DD Form 2656 (Data for Payment of Retired Personnel)
during his out-processing, but that it appears that this information was
not transmitted to the Defense Finance and Accounting Service (DFAS).
3. The applicant provides 2 copies of his Retiree Account Statements, and
a notarized statement declining SBP, dated 5 October 2006 in support of
this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
28 February 2002, the date his retirement pay became effective. The
application submitted in this case is dated 5 October 2006.
2. The applicant retired from the United States Army Reserve (USAR) on
28 December 1995 after he completed more than 20 years of service.
3. The Retiree Account Statement, dated 2 January 2004, shows that in the
SBP coverage section he is receiving spouse only SBP coverage and a payment
of $42.12 a month is being deducted from his retirement pay. The Retiree
Account Statement dated 3 January 2006, shows that the applicant continued
to be enrolled in the spouse only SBP program at the cost of $45.03 per
month.
4. Item 30a (Signature) of Section XI (SBP Spouse Concurrence) of the
DD Form 2656 (Data For Payment of Retired Personnel) which is required when
member is married and elects any less coverage, than the maximum spouse
shows that the spouse did complete a spousal concurrence form on 12
February 2002, and concurred with the applicant’s SBP election of no
survivor coverage for spouse or children. This document was also witnessed
and notarized. In addition, the applicant and his spouse signed a recent
notarized statement to reaffirm their wish to decline the SBP.
5. Department of Defense Financial Management Regulation, Volume 7B,
Chapter 43, provides guidance on SBP elections. This chapter states, 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. When the spouse’s 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 survivor coverage for spouse. He also
contends that he should be reimbursed the SBP deductions taken from his
retired pay back to the date they began.
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, and that his spouse
concurred with his election on 1 December 1995, and he is entitled to
reimbursement of any SBP deductions taken from his retired military pay.
BOARD VOTE:
___YM __ ___LMD_ ___GJP__ 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 12 February 2002, which should enable DFAS
to pay him back any SBP deductions taken from his retired military pay.
___Yolanda Maldonado____
CHAIRPERSON
INDEX
|CASE ID |AR20060014590 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/05/15 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. SCHWARTZ |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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