RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070014006
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that his records be corrected to show he elected not to participate in the Survivor Benefit Plan (SBP).
2. The applicant states, in effect, that he and his spouse did not elect to participate in the SBP. He adds that his wife was deployed and he had to mail her the DD Form 2656 (Data for Payment of Retired Personnel) to sign. The applicant continues that his spouse signed the form on 10 August 2007.
3. The applicant continues that the Defense Finance and Accounting Service (DFAS) deducted SBP premiums from his monthly retired pay.
4. The applicant provides a copy of his DD Form 2656, dated 17 August 2007; a DFAS-CL 7220/148 Form (Retiree Account Statement), dated 12 September 2007; and U.S. Army Human Resources Command, St. Louis, Missouri, Orders
P09-791106, dated 11 September 2007, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he completed 20 or more years of qualifying service in the Reserve, reached age 60 and retired on 1 August 2007 in the rank of Master Sergeant.
2. The applicant provided his DD Form 2656, dated 17 August 2007, which shows he and his spouse signed the form indicating in item 26g to elect not to participate in SBP.
3. The applicant's DFAS Summary of Retired Pay Account, dated 12 September 2007, shows that SBP coverage type is for "spouse only." It also shows that DFAS acknowledges not having any beneficiary information for his spouse on file in his computerized pay account.
4. Public Law 92-425, the SBP, enacted 21 September 1972, shows that an 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), unless the spouse provides a written concurrence to decline.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he and his spouse elected to decline to participate in SBP coverage in August 2007. The applicant also contends that his record should be corrected to terminate all SBP annuity payments from his military retirement pay.
2. The applicant stated that he and his spouse intended to decline spouse coverage prior to his retirement on 1 August 2007. However, based on the applicant's wife being deployed, there was an apparent delay in submitting his
DD Form 2656.
3. Based on the applicant's statements that his spouse was deployed, he contends that he had to wait for the DD Form 2656 to be returned by mail, which showed her signature and concurrence with declining SBP coverage. It is apparent that due to no fault of applicant, he was forced to sign and date the DD Form 2656 on 17 August 2007. However, in the interest of compassion, the statements and documents submitted by the applicant are accepted as sufficient evidence to amend the applicant's records to show he declined enrollment in the SBP for spouse coverage, thereby requiring no deduction in his retirement pay.
4. Therefore, as a matter of equity and based on the facts of this case, it would be equitable to correct his records to show he elected not to participate in the SBP "spouse coverage," with his spouse's concurrence, prior to his retirement date.
BOARD VOTE:
____x____ __x_____ __x____ 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 elected not to participate in the SBP for spouse coverage with his spouse's concurrence, on 31 July 2007 and to refund him any SBP premiums deducted from his retired pay as a result of this correction.
___________X___________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070014006
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2010 | 20100018920
Section XII (SBP Spouse Concurrence) of the DD Form 2656 instructs the applicant that "SBP spouse concurrence is required when a member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage. The evidence of record shows that prior to his retirement on 31 May 2010, the applicant and his wife elected to decline participation in the SBP with a notarized DD Form 2656, dated 30 March 2010. As a result, the Board recommends that all Department...
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 | CY2010 | 20100021362
The applicant states that on or about 21 July 2008 he completed a DD Form 2656 (Data for Payment of Retired Personnel) at the Army Retirement Services Office (RSO) at Fort Irwin, CA declining enrollment in the SBP. The RSO sent his wife a "Spouse Concurrence Letter Decline SBP," dated 21 July 2008, and a Spouse SBP Election Concurrence Statement via FedEx. The letter to the applicant's wife would not have been sent if he had not already completed a DD Form 2656.
ARMY | BCMR | CY2010 | 20100008753
On 14 January 2004, he completed a DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate), electing to provide full (spouse only) SBP coverage under option C (Immediate Annuity). Because the evidence clearly shows he intended to decline SBP with his wife's concurrence, it would be equitable to correct his DD Form 2656, to show the applicant, witness, applicant's spouse, and the notary all signed and dated the form on 16 September 2009, declining SBP with a...
ARMY | BCMR | CY2010 | 20100011853
On 25 July 2009, the applicant and her spouse, who is also retired from the USAR, completed a DD Form 2656 (April 2006 version) in which they elected to decline participation in the SBP. A staff member of the Board also contacted the applicants spouse regarding the notarized election form and he informed the staff member that he and his spouse (the applicant) did decline participation in the SBP and that they did so as well when he retired from the USAR in February 2008. Therefore, as a...
ARMY | BCMR | CY2010 | 20100009860
The applicant provides copies of two DD Forms 2656 (Data for Payment of Retired Personnel), his retirement orders, and four DFAS Forms 7220 (Retiree Account Statement). On 22 October 2009, he completed and forwarded to DFAS a copy of an April 2006 version of a DD Form 2656, declining participation in SBP. At this time he applied for receipt of retired pay and completed a 2006 version of the DD Form 2656.
ARMY | BCMR | CY2008 | 20080020073
His spouse provided a notarized statement, dated 13 May 2009, indicating she concurred with the applicant's election not to participate in the SBP. However, even though his spouse signed the DD Form 2656 indicating she concurred with his decision to decline participation in the SBP, the form was not notarized as required. As a result, the Board recommends that the DD Form 2656 of the individual concerned be amended to show he and his spouse signed the form in a timely manner declining to...
ARMY | BCMR | CY2009 | 20090019375
On 7 August 2008, the applicant completed a DD Form 2656 and he elected not to participate in SBP. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only coverage, if applicable) coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 2656 to show he and his spouse signed the...
ARMY | BCMR | CY2014 | 20140001471
He provides a Spouse SBP Election Concurrence Statement. After he retired, on 30 August 2013, the applicant completed a DD Form 2656 and 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: a. amending his DD Form 2656 to show he and his spouse timely signed the form declining to participate in the SBP and the form was properly notarized; b. showing DFAS timely received and processed...
ARMY | BCMR | CY2015 | 20150003093
An email from DFAS confirmed the following: * the applicant's account currently shows she declined SBP coverage effective 6 March 2015; no premiums are being deducted at this time * at her retirement, the applicant's account listed no beneficiary * when she reported her marriage, 1 month (and only 1 month) of SBP premiums was deducted * SBP coverage stopped in March 2015 based upon the receipt of further documentation clarifying the applicant had declined coverage * there is no indication in...