RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 June 2008
DOCKET NUMBER: AR20080001840
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, in effect, that his records be corrected to show that he did not elect to participate in the Survivor Benefit Plan (SBP).
2. The applicant states that he did not want to sign up for the SBP but his wife was out of town at her grandfathers funeral so she could not be there to sign the paperwork to disapprove it. He was informed that it would only take a few weeks to stop the SBP and it would not be a problem.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 August 1986.
2. On 9 August 2007, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel). In section IX (Survivor Benefit Plan (SBP) Election) of this form, the applicant checked that he elected coverage for spouse only, based on full gross pay. Section XI (SBP Spouse Concurrence) does not contain the signature of the applicants spouse. The instructions for completing Section XI are, Required when a member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage
.
3. The applicant retired on 1 December 2007.
4. 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.
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.
6. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP. The spouses concurrence is required. No premiums will be refunded to those who opt to disenroll. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his DD Form 2656 on 9 August 2007. He indicated on the form that he elected to participate in the SBP for spouse coverage, full base amount. His spouses signature was not needed to disapprove his election. A spouses signature is required only when the member elects not to provide for full spouse coverage. The instructions on the DD Form 2656 informed him of that.
2. The applicant did not retire until 1 December 2007. He had until that date to change his SBP election. If he and his spouse did not want the SBP, he had more than 3 months in which he could have completed a new DD Form 2656 and obtained his spouses concurrence to his declination on the new DD Form 2656. There is no evidence of record to show that he did complete a new DD Form 2656, and he does not provide any evidence to show that he completed a new DD Form 2656.
3. The applicant does not explain why he completed the DD Form 2656, dated 9 August 2007, to indicate that he elected to participate in the SBP; he does not explain why he did not complete a new DD Form 2656 after his spouse returned from her grandfathers funeral to indicate that he and his spouse did not desire to participate in the SBP; and he does not now provide his spouses concurrence with his request to correct his records to show he elected not to participate in the SBP.
4. The applicant will have a one-year opportunity, beginning on 1 December 2009, in which he may terminate, with his spouses concurrence, his participation in the SBP.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__xxxxxxx ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001840
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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