RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 April 2008
DOCKET NUMBER: AR20070015324
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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, to change her Survivor Benefit Plan (SBP) election so that she may have a reduced amount collected from her retired pay.
2. The applicant states, in effect, that when she received the DD Form
2656 (Data for Payment of Retired Personnel) at her home, she requested more information regarding SBP and the Veterans Group Life Insurance (VGLI). She did not attend drills and she was in Medical Hold since 2003. She had tried to get information but her unit deactivated. She was reassigned and was working with the Inspector General (IG). Lieutenant Colonel (LTC) S__ tried to help but was unable to provide information on SBP. She went to a unit in the area but did not receive any assistance. She wrote on the form that she needed help and that she could not make a decision. She then called different Army numbers requesting help.
3. She further states, in effect, that she believed she should have received documentation or counseling explaining SBP and VGLI before a premium collection was made from her retired pay. Because of the lack of knowledge regarding the SBP and VGLI, a premium collection was made without her approval or understanding. She and her spouse would like to take a reduced amount and would like a breakdown of their choices. Her Retiree Account Statement states that she did not give her spouse's date of birth; her spouse's date of birth is November 10, 1949.
4. The applicant does not provide any additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve Component officer in the rank of second lieutenant of the Army on 20 May 1984. On 29 May 1986, she was appointed and accepted as a Reserve Component officer in the rank of first lieutenant. She entered active duty on 20 June 1986 and was honorably released from active duty on 29 September 1995. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that she had completed
9 years, 3 months, and 10 days of Net Active Service This Period.
2. The applicant, a Reserve Officer serving in the rank of major was discharged from active duty and placed on the retired list on 30 April 2007 by reason of physical unfitness at the rank of major. The applicant's military service records do not contain a copy of her DD Form 2656.
3. In checking the applicants record with the Defense Finance and Accounting Service (DFAS), the Army Liaison stated that the applicant failed to make the appropriate election and she did not sign her DD Form 2656. Therefore, the SBP coverage defaulted to maximum coverage for her spouse. This caused a full premium collection from her retired pay.
4. Public Law 92-425, enacted 21 September 1972, repealed the Retired Servicemans Family Protection Plan and established the SBP. The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election, once made, was irrevocable except in certain circumstances.
5. 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).
DISCUSSION AND CONCLUSIONS:
1. Considering all the evidence, allegations, and information presented by the applicant through her statement, together with the evidence of record, applicable law and regulations, it is reasonable to conclude that the applicant had ample time to obtain enough information to assist her in making an appropriate SBP election between 2003 (the date of her Medical Hold) and 2006 (the approximate date she would complete 20 years military service).
2. Although the applicant claims that she tried to obtain information through several sources and that she received no assistance, it is unlikely that this information was not readily available through the Internet, a Unit Administrator, or at a Transition Center.
3. Unfortunately, there is insufficient evidence which would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__CD __ __LMD__ __JCR___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this determination in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of her service in arms.
___Carmen Duncan ___
CHAIRPERSON
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