RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2007
DOCKET NUMBER: AR20070007481
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
Ms. Loretta D. Gulley
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Jeanette R. McCants
Member
Mr. Scott W. Faught
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 her election under the Survivor Benefit Plan (SBP) be changed from full coverage to no survivor coverage.
2. The applicant states, in effect, that she and her spouse declined enrollment into the SBP upon retirement. The applicant further states that her spouse signed Item 30a (Spouse) of Section XI (SBP Spouse Concurrence) of the DD Form 2656 (Data for Payment of Retired Personnel) during her out-processing, but did not put the date in Item 30b (Date Signed); therefore, the Defense Finance and Accounting Service (DFAS) deemed the SBP document invalid.
3. The applicant provides a copy of DD Form 2656 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
31 January 2007, the date her retirement pay became effective.
2. The applicant retired from the United States Army on 31 January 2007 after serving more than 20 years.
4. Item 30a of Section XI of the DD Form 2656, which is required when a member is married and does not elect full spouse coverage or declines coverage, shows that the spouse did sign the spousal concurrence block on the form, although undated. However, the document shows a signed witnessed and dated on 11 July 2006.
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 spouses 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 her election under the SBP should be changed from full coverage to no survivor coverage for spouse.
2. Evidence of record clearly shows that the applicant elected not to participate in the SBP, that her spouse concurred with her election, and that this spousal concurrence was properly witnessed. Therefore, she is entitled to correction of her military records to show that she elected not to participate in the SBP, that her spouse concurred with her election on 11 July 2006, and that she is entitled to reimbursement of any SBP deductions from her retired military pay.
BOARD VOTE:
__JTM _ ___JRM _ ____SWF_ 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 she elected not to participate in the SBP, that her spouse concurred with her election on 11 July 2006, and that DFAS reimburse the applicant any SBP deductions already deducted from her retired military pay.
____John T. Meixell_____
CHAIRPERSON
INDEX
CASE ID
AR20070007481
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/11/29
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080016611
The applicant states, in effect, that he and his spouse declined enrollment into the SBP upon retirement. The evidence of record clearly shows that the applicant elected not to participate in the SBP. 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, that his spouse concurred with his election on 26 June 2006, and that DFAS reimburse the applicant any SBP deductions...
ARMY | BCMR | CY2006 | 20060014590C071108
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. As a...
ARMY | BCMR | CY2007 | 20070011600
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 2656, dated 15 December 2005. b. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 December 2005. c. Self-authored letter, dated 18 June 2007. d. Notarized spouses statement, dated 20 June 2007, concurring with the applicants election not to participate in the SBP. Evidence of record shows that the applicant, in good faith and in the presence of his...
ARMY | BCMR | CY2006 | 20060012703
The applicant provides his DD Form 2656, an e-mail, dated 23 August 2006, from DFAS to the applicant, and documentation that his spouse declined SBP coverage for spouse and children on 4 August 2005 in support of this application. 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. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2010 | 20100009918
The applicant states she elected not to participate in the SBP; however, SBP premium payments were withdrawn from her first retirement pay statement. She states when she initially completed the form electing to decline SBP coverage, there were no instructions stating that signatures on the form must be notarized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant accurately completed the DD Form...
ARMY | BCMR | CY2008 | 20080006089
The applicant requests that her records be corrected to show she did not elect Survivor Benefit Plan (SBP) coverage. He states that both he and the applicant made the decision not to elect coverage, but that he signed the DD Form 2656 one day prior to the applicant. Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before...
ARMY | BCMR | CY2009 | 20090010262
He further states, in effect, that the Army Retirement Services explained that his wife had to sign a separate notarized statement concurring with his SBP election. The applicant provided a Spouse SBP Election Concurrence Statement indicating that his spouse elected to not participate in the SBP at the time of the his retirement and declined to participate in the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
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 | CY2008 | 20080008254
The applicant states that he and his spouse elected not to participate in the SBP; however, when they completed the DD Form 2656 (Date for Payment of Retired Personnel), she erroneously entered the date "20061214" instead of "20071214," resulting in a "default" spouse coverage based on the full amount. The applicants DD Form 2656, dated 14 December 2007, shows he elected Not to participate in the SBP" and placed an "x" in Item 26g (I Elect Not to Participate in the SBP). As a result, the...
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...