RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 August 2007
DOCKET NUMBER: AR20070001685
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Ms. Rea M. Nuppenau
Member
Mr. Dennis J. Phillips
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 the records be corrected to show he enrolled in Survivor Benefit Plan (SBP) for children only coverage.
2. The applicant states that upon retirement from active duty, he elected children only SBP. The applicant further states that he is currently paying full SBP for spouse coverage.
3. The applicant provides a self-authored spouse statement titled spousal survival benefit consent and stating that his spouse elects not to participate in the SBP program in its entirety.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he entered active duty as a commissioned officer on 25 July 1985 and retired on 28 February 2006 in the grade of lieutenant colonel/pay grade O-5.
2. On 20 December 2005, the applicant received his SBP counseling and completed the DD Form 2656 (Data for Payment of Retired Personnel). This form shows that the applicant placed his "X" in item 26c (Beneficiary Categories). This box is identified in the instructions as "I do elect coverage for child(ren) only)."
3. Although the DD Form 2656 identifies the applicant's spouse by name and date of birth, it does not show it was authenticated by the spouse as indicated in Section XI (SBP Spouse Concurrence). This section shows that "SBP Spouse Concurrence is required when member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage."
4. Public Law 92-245, enacted 21 September 1972, established the SBP. The SBP provided that military on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
5. 10 U.S Code, section 1448, requires that an otherwise eligible spouse concur if the member declines to elect SBP coverage, elects less than the maximum coverage, or elects child only coverage. Spouse's concurrence must be obtained and dated on or after the date of the member's election, but before the retirement/transfer date. If concurrence is not obtained when required, maximum coverage will be established for the spouse and children if appropriate.
6. 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.
7. 10 U.S Code, Section 1448a allows a participant in the SBP to elect to discontinue during the 25th through the 36th month after commencement of payment of retired pay. There is no refund of costs already paid for SBP coverage nor will the SBP benefits be paid upon death of a member who disenrolls. Additionally, when a member discontinues SBP, that member can not reenter the plan.
DISCUSSION AND CONCLUSIONS:
1. Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded that the spouse's concurrence on the DD Form 2656 was not obtained on or after the date of the applicant's election. Therefore, the coverage defaulted to maximum coverage for spouse (and children, if appropriate).
2. Since the applicant was a senior field grade officer, there seems to be no indication that he and his spouse were not adequately counseled concerning SBP. The DD Form 2656 clearly identified the options available and the requirement to obtain his spouse's concurrence. He had a responsibility to himself and his spouse to make an informed SBP decision.
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 did not submit evidence which
would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jcr___ __rmn___ __djp___ 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.
Jeffrey C. Redmann
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070001685
SUFFIX
RECON
DATE BOARDED
20070809
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
137.0400
2.
3.
4.
5.
6.
ARMY | BCMR | CY2012 | 20120018149
The applicant provides: * DD Form 2656 (Data for Payment of Retired Personnel) * undated, self-authored letter * Retiree Account Statements, dated 1 November 2011 and 31 August 2012 CONSIDERATION OF EVIDENCE: 1. The DD Form 2656 provided by the applicant indicates he elected SBP coverage for children only based on his full gross pay. The applicant submits copies of his Retiree Account Statements, dated 1 November 2011 and 31 August 2012, showing SBP premiums have been deducted from his...
ARMY | BCMR | CY2008 | 20080014829
The evidence of record shows that prior to his retirement, the applicant elected to participate in the SBP, spouse coverage. The applicant could have made a written request to the Defense Finance and Accounting Service (DFAS) as early as 1 July 2008 (the beginning of the second anniversary of the date on which his retired pay started) to request disenrollment; however; there is no indication that he did so. When submitting his request to DFAS to terminate his SBP, the applicant must obtain...
ARMY | BCMR | CY2013 | 20130010128
The applicant provides: * Letter from DFAS, dated 4 April 2013 * DD Form 2656-2, dated 5 March 2013 * Letter from DFAS, dated 10 May 2013 * Notification of Eligibility for Retired Pay at Age 60 (20-year letter) * DD Form 1883 (SBP Election Form) CONSIDERATION OF EVIDENCE: 1. Public Law 106-398, dated 30 October 2000, requires that upon receipt of the 20-year letter, a qualified Reserve Component member who is married will automatically be enrolled in the RCSBP under option C (spouse and...
ARMY | BCMR | CY2009 | 20090002288
IN THE CASE OF: BOARD DATE: 4 June 2009 DOCKET NUMBER: AR20090002288 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On an unknown date in 2008 and in anticipation for his upcoming retirement, the applicants servicing Retirement Services Office (RSO) in Korea mailed the applicants spouse a Spouse SBP Election Concurrence Statement and instructed the spouse to complete, sign, notarize, and return this statement prior to "1 March 2008," the effective date of the applicants retirement. The...
ARMY | BCMR | CY2008 | 20080018041
The ABCMR analyst of record telephonically contacted the DFAS Retired Pay Office on 23 January 2009, which confirmed that the DD Form 2656, dated 10 July 2008 was not authenticated by the spouse on or after the date the applicant made his election. In a notarized statement, dated 27 January 2009, the applicant's spouse indicated that she had previously agreed with her husband's decision to not participate in the SBP and that she previously signed the one form provided by the Fort Drum, NY,...
ARMY | BCMR | CY2008 | 20080006454
The applicant requests correction of Item 27 (Level of Coverage) of his Survivor Benefit Plan (SBP), on his DD Form 2656 (Data for Payment of Retired Personnel), to show Coverage with a Reduced Base Amount of $635.00 instead of Coverage Based on the Threshold Amount in Effect on the Date of Retirement. 2. The applicant states that he and his spouse elected coverage with a reduced base amount of $635.00 in Item 27 of his DD Form 2656, which was the minimum threshold amount in effect at...
ARMY | BCMR | CY2008 | 20080011716
The applicant requests, in effect, correction of his records to show he elected not to participate in the Survivor Benefit Plan (SBP) with his spouse's concurrence. By doing so, he also acknowledged he had been counseled that he can terminate SBP participation, with his spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. Completion of Section XI (SBP Spouse Concurrence) of DD Form 2656 is required when a service member is married and...
ARMY | BCMR | CY2012 | 20120000267
State of Delaware, Marriage License and Certificate of Marriage, that shows the applicant and Dannette Michelle B---- were married on 20 October 2001; b. DD Form 2656-2 (SBP Termination Request) that shows: * the applicant requested to discontinue participation in the SBP * his spouse acknowledged her understanding of the disadvantages of the decision and provided her concurrence * the applicant, his spouse, and a witness signed the form on 29 December 2011 c. notarized statement by Dannette...
ARMY | BCMR | CY2009 | 20090001340
The applicant requests, in effect, correction of his DD Form 2656 (Data for Payment of Retired Personnel) to show his spouse concurred with his election made on 27 October 2008, not to participate in the Survivor Benefit Plan (SBP), by showing that date in block 32b (Date Signed). As for the applicant's request for an expedited refund of the costs of the SBP already deducted from his retired pay account, the ABCMR only corrects military records. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120019620
The applicant requests correction of the date in item 32b of his DD Form 2656 (Data for Payment of Retired Personnel). The Defense Finance and Accounting Service (DFAS) claimed the DD Form 2656 was invalid because the date was written incorrectly, which resulted in an automatic election of spouse-only SBP coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 32b of his DD Form 2656 to show "20120628."