IN THE CASE OF:
BOARD DATE: 02 December 2008
DOCKET NUMBER: AR20080012057
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, in effect, that item 27 (Level of Coverage) of his DD Form 2656 (Data for Payment of Retired Personnel) be corrected to show that he elected Survivor Benefit Plan (SBP) coverage with a reduced base amount of $2,000.00 instead of $1,100.00.
2. The applicant essentially states that in conjunction with his retirement on 30 April 2008, he and his wife requested that she receive an $1,100.00 annuity under the SBP in the event of his death. He also states that they based it on the "SBP Cost Examples for 2008" provided by their Retirement Services Officer (RSO). He further states, in effect, that it was his and his wife's understanding that when item 27c of the DD Form 2656 was filled out that his wife would receive that amount ($1,100.00), not that the amount the annuity would be based on $1,100.00. Additionally, he states that a base amount of $1,100.00 was not even one of the base amounts in the "SBP Cost Examples for 2008." He continued by stating that when he downloaded his first Retiree Account Services statement, the amount deducted for SBP costs was $59.32, whereas the monthly cost for the $1,100.00 annuity quoted by the RSO was $130.00. He also states that he and his wife immediately contacted the RSO requesting clarification why the amount had been reduced to $59.32, and that the RSO explained to them that his SBP was based on a base amount of $1,100.00, and that in the event of his death, his wife would receive a monthly annuity based on $1,100.00, not the $2,000.00 they were expecting. Further, he states that the RSO agreed that he and his wife had originally requested a monthly annuity for his wife of $1,100.00 based on a base amount of $2,000.00, but ultimately they were told that his DD Form 2656 could not be administratively corrected because the error was detected after his retirement date, and that he would have to submit an application to the Army Board for Correction of Military Records (ABCMR).
3. The applicant provides his DD Form 2656, dated 17 March 2008, and the "SBP Cost Examples for 2008" he referenced in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was retired from the Regular Army after culminating a military career spanning over 32 years of active duty service and attaining the rank of chief warrant officer five. In conjunction with his retirement, he completed a DD Form 2656 on 17 March 2008. This document shows that the applicant elected SBP spouse only coverage with a reduced base amount of $1,100.00. However, the applicant clearly stated in his application that he was attempting to ensure that his wife would receive an SBP annuity of $1,100.00 in the event of his death, not that his wife should receive an annuity based upon a base amount of $1,100.00, which would have only provided an approximate SBP annuity to his spouse of $605.00.
2. During a telephone conversation on 25 October 2008 between the analyst for these proceedings and the applicant, the applicant acknowledged that he understood that if his request to change his SBP from a reduced base amount of $1,100.00 to a reduced base amount of $2,000.00 was granted, he would be required to pay for the difference in SBP costs effective from his retirement date.
3. Paragraph 2-2 of Army Regulation 15-185 (Army Board for Correction of Military Records) provides, in pertinent part, that the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.
DISCUSSION AND CONCLUSIONS:
It is clear that the applicant's intent when he completed his DD Form 2656 was to provide an SBP annuity in the amount of $1,100.00 to his spouse in the event of his death, not that his wife should receive an annuity based upon a base amount of $1,100.00, which would have only provided an approximate SBP annuity to his spouse of $605.00. It is equally clear that the applicant is willing to pay the increased SBP costs associated with increasing his reduced base amount from $1,100.00 to $2,000.00 effective from his retirement in order to effect this change. As a result, it would be appropriate at this time to correct his DD Form 2656 to show that he elected a reduced base amount of $2,000.00 instead of $1,100.00.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending item 27c of his DD Form 2656, dated 17 March 2008, to show that he elected a reduced base amount of $2,000.00 instead of $1,100.00, and that the appropriate deduction from his retired pay be taken to pay for the change in the reduced base amount of his SBP coverage effective back to his retirement.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career. The applicant and all Americans should be justifiably proud of his honorable service in arms.
_________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.
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