RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 June 2007
DOCKET NUMBER: AR20070000145
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Frank C. Jones II
Member
Mr. Qawiy A. Sabree
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 that he elected not to participate in the Survivor Benefit Plan (SBP).
2. The applicant states that he elected not to participate in the SBP and that his spouse concurred.
3. The applicant provides a copy of his spouses notarized statement of concurrence.
CONSIDERATION OF EVIDENCE:
1. On 26 August 2004, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B1O (Infantryman).
2. On 2 November 2006, the applicant signed and submitted a Data for Payment of Retired Personnel (DD Form 2656) indicating that he elected SBP coverage for his spouse only based on his full gross pay.
3. On 20 November 2006, the applicants spouse completed two notarized statements indicating that she received information on the SBP and was furnished a chart showing the estimated costs and annuities payable for full, less than full, and minimum SBP coverage based on the applicant's estimated retired pay, and indicating that she concurred with the applicant's SBP election providing no survivor coverage for spouse or children.
4. On 28 November 2006, the applicant was released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit placement on the Temporary Disability Retired List (TDRL).
5. On 29 November 2006, the applicant was placed on the TDRL in the rank of specialist, pay grade E4. He had completed 2 years, 3 months, and 3 days of creditable active duty.
6. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
7. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouses written concurrence for a retiring members election that provides less than the maximum spouse coverage.
8. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from the SBP. The spouses concurrence is required. No premiums will be refunded to those who opt to disenroll. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant elected to participate in the SBP to provide full coverage for his spouse. Therefore, the spouses subsequent agreement to forego SBP coverage is of no consequence.
2. The spouse's concurrence is only required when the retiring service member elects less than full coverage, which means a concurrence was not even required in the applicant's case.
3. The applicant became eligible to draw retired pay on 29 November 2006. He will have a 1-year period beginning on 29 November 2008 in which to terminate his SBP enrollment. He is encouraged to contact the nearest Retirement Services Officer prior to making his decision for more information. A copy of the Retirement Services Officer Directory (available in Army Echoes) will be provided to him.
4. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BJE___ __QAS__ __FCJ __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070000145
SUFFIX
RECON
DATE BOARDED
20070619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
137.0300
2.
3.
4.
5.
6.
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