IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080001136
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests termination of his enrollment in the Survivor Benefit Plan (SBP).
2. The applicant states that within a year of his marriage in June 2006, he mistakenly enrolled his spouse in the Survivor Benefit Plan (SBP), thinking he was adding her to his Veterans Administration (VA) life insurance policy. He further adds that he has made no payments towards the SBP premiums and wants this enrollment terminated.
3. The applicant provides the following additional documentary evidence in support of his application:
a. Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay letter, dated 28 September 2007, Designation of Beneficiary Form Information.
b. January 2008 Retiree Account Statement and November 2007 and December 2007 SBP Premium Bill.
4. On 23 June 2008, the applicant submitted a copy of his Certificate of Marriage, dated 17 June 2006, and a notarized statement by his spouse, dated 21 June 2008, concurring with cancellation of SBP enrollment.
CONSIDERATION OF EVIDENCE:
1. The applicants records show that he was born on 25 September 1947 and was inducted into the Army of the United States on 12 July 1967. He held military occupational specialty (MOS) 95B (Military Policeman) and was permanently retired by reason of physical disability in the rank/grade of specialist four (SP4)/E-4 on 20 October 1969. His records further show that, on the date of retirement, he did not make an SBP election.
2. The applicants records show that he was married on 17 June 2006. Furthermore, on 22 May 2007, he submitted a letter to DFAS-Cleveland, Ohio, requesting to "update the SBP, within one year of marriage."
3. On 28 September 2007, by letter, DFAS-Retired and Annuity Pay notified the applicant that he needed to designate a beneficiary who should receive his retired pay in case of death. There is no indication at DFAS that the applicant completed this form or designated a beneficiary. However, it appears that the applicant submitted a copy of his marriage certificate to DFAS either when he was married in June 2006 or in response to this letter, as his pay record reflects his spouse's date of birth.
4. The applicants December 2007 SBP Premium Bill shows that the applicant owed $281.02 of unpaid premiums and interest.
5. The applicant submitted a notarized statement, signed by his spouse, concurring with his election to terminate enrollment in the SBP.
6. Public Law 92-425, enacted 21 September 1972, 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. This Law also provides that every member having a spouse and/or child(ren), who retired/transfers to the retired list on or after that date, is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the retired list.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant willingly elected to participate in the SBP, spouse coverage, and was accordingly billed the premiums associated with such plan. However, it also appears that he was neither counseled adequately nor fully understood that enrollment is not free. This may have led to a financial hardship to the applicant and his family. Furthermore, as required by law, his otherwise eligible spouse concurred, in writing, with the termination of SBP enrollment.
2. In view of the foregoing evidence, and in the interest of equity, it is now appropriate to grant the applicant relief by terminating his SBP enrollment and reimbursing him of all premiums paid as of the date of his marriage on 17 June 2006, if applicable.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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:
a. showing that the applicant elected not to participate in the SBP within one year of his marriage; and
b. adjusting the applicant's debt and refunding any SBP premiums as a result of this correction.
XXX
_ _______ ____
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080001136
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