RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2007
DOCKET NUMBER: AR20070000617
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:
Mr. John T. Meixell
Chairperson
Mr. Robert J. Osborn II
Member
Mr. Michael J. Flynn
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 to not participate in the Survivor Benefit Plan (SBP). He also requests to personally appear before the Board.
2. The applicant states that in September 2005 he sent in an incomplete Data for Payment of Retired Personnel (DD form 2656). He indicated in Item 26a his election of coverage for his spouse without children, but failed to indicate in Item 27 (Level of Coverage) what level of coverage he desired. He first became aware of his error during his retirement interview on 27 November 2006. He contends that it was his intention to decline SBP coverage altogether but failed to do this. He was advised to initiate corrective action within 30 days. On
13 December 2006, the applicant sent a letter to the Commander, United States Army Human Resources Command, 1 Reserve Way, St. Louis, Missouri, requesting to decline SBP coverage.
3. The applicant provides copies of his DD Form 2656, United States Uniformed Services Identification Cards for himself and his spouse, his letter dated
13 December 2006, and the letter dated 28 December 2006 from the Chief, Transfer and Separations Branch, Human Resources Command.
CONSIDERATION OF EVIDENCE:
1. On 8 September 2005, the applicant completed a DD Form 2656 indicating that he desired SBP coverage for his spouse. He indicated there were no dependent children. Item 27 (Level of Coverage) is blank. Item 28 (Insurable Interest Beneficiary) is blank. The form is signed by the applicant and is witnessed. The applicant's 60th birthday and retirement date was 20 November 2006.
2. On 13 December 2006, the applicant sent a letter to the Commander, Human Resources Command, requesting that his SBP coverage be immediately cancelled. Both he and his spouse signed this letter.
3. On 28 December 2006, the Chief, Transitions and Separations Branch, Human Resources Command, replied to the applicants request to terminate his SBP coverage. The chief advised him that his SBP election had been forwarded to the Defense Finance and Accounting Service (DFAS) and that DFAS would charge him for 24 months coverage. He also informed the applicant that after
24 and until 36 months in the SBP he and his spouse could ask to be removed by writing a letter to DFAS.
4. A Survivor Benefit Plan (SBP) election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married), at the full base amount.
5. 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 SBP. The spouses concurrence is required. No premiums will be refunded to those who opt to disenroll. Reservists who elected an option under the RCSBP will continue to have the Reservist Portion cost deducted from their retired pay. 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 applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.
2. The available evidence clearly shows that the applicant elected to participate in the SBP to provide coverage for his spouse. Because the applicant failed to indicate a level of coverage, DFAS automatically elected coverage based on his full gross base pay. Moreover, he had over a year (8 September 2005 to
20 November 2006) to change, with spousal concurrence, his election to no SBP coverage before his retirement date but failed to do so.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. Should the applicant so desire, he may submit a request to his retirement services officer to withdraw from the SBP after he has been in the program between 24 and 36 months. He must also submit his spouse's written concurrence with this termination request.
5. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____MJF___ __RJO__ __JTM 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.
____ John T. Meixell _
CHAIRPERSON
INDEX
CASE ID
AR2007000617
SUFFIX
RECON
DATE BOARDED
20070717
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
137.000
2.
3.
4.
5.
6.
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