RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2007
DOCKET NUMBER: AR20070007932
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 J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Chester A. Damian
Member
Mr. Edward Montgomery
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 DD Form 2656 (Data for Payment of Retired Personnel), dated 1 March 2007, be corrected to show he elected not to participate in the Survivor Benefit Plan (SBP) in a timely manner.
2. The applicant states, in effect, that his wife was unable to sign his DD Form 2656 prior to his retirement date because she was not on his temporary tour of duty (TDY) orders.
3. The applicant provides a Notarized California All-Purpose Acknowledgement, dated 1 March 2007; a DD Form 2656, dated 1 March 2007; and two Retiree Account Statements from the Defense Finance and Accounting Service (DFAS).
CONSIDERATION OF EVIDENCE:
1. The applicant had prior active duty enlistment service. He enlisted in the U.S. Army Reserve (USAR) on 19 September 1992. The applicant entered active duty in an Active Guard Reserve (AGR) status on 8 November 1997. On
28 February 2007, the applicant retired.
2. The applicant's DD Form 2656, dated 1 March 2007, shows he is married.
Section IX (Survivor Benefit Plan Election) shows he elected not to participate in the SBP. Section XI shows that the applicant's spouse concurred with his SBP election on 1 March 2007.
3. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election must be made before the effective date of retirement, or coverage automatically defaults to spouse coverage (if applicable).
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant retired on 28 February 2007. Because he did not make an SBP decision not to participate in the program until 1 March 2007, he was automatically enrolled in the SBP for spouse coverage.
2. It appears that the applicant may have been inadequately counseled on the time requirements for making an SBP election. His spouse concurred with his decision not to participate in the SBP. It would be equitable to correct his DD Form 2656 to show he elected not to participate in the SBP on 27 February 2007, with his spouses concurrence, and to correct his applicable records to show his DD Form 2656 was accepted and processed by the appropriate office in a timely manner.
BOARD VOTE:
__RTD__ __CAD __ __EM ___ 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 correcting his DD Form 2656 to show he completed the form on 27 February 2007 and elected not to participate in the SBP, and that his spouse signed the form on 27 February 2007 concurring with his election, and the DD Form 2656 was accepted and processed by the appropriate office in a timely manner.
___Richard T. Dunbar__
CHAIRPERSON
INDEX
CASE ID
AR20070007932
SUFFIX
RECON
DATE BOARDED
27 SEPTEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0014.0000
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