IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080014909
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 correction of his military records to show that he signed his Data for Payment of Retired Personnel (DD Form 2656) on 18 December 2007.
2. The applicant states, in effect, that when signing his DD Form 2656 he accidently dated it 19 December 2007. He should have dated it 18 December 2007. Because of this error, the Defense Finance and Accounting Service (DFAS) states the form is void. He elected children only coverage for the Survivor Benefit Plan (SBP), but is automatically enrolled for spouse coverage due to this error.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214) and his DD Form 2656.
CONSIDERATION OF EVIDENCE:
1. On 16 July 1986, the applicant enlisted in the Regular Army. He served through a series of assignments and reenlistments until his retirement for length of service on 31 March 2008. He had attained the rank of sergeant major, pay grade E-9, and had completed 21 years, 8 months, and 15 days of creditable active duty service.
2. The applicant's DD Form 2656 shows that he had elected full SBP coverage for his children only. His spouse concurred with his election and signed the form on 18 December 2007. The applicant signed the form and dated it 19 December 2007. The witness signed the form in two places indicating that he had witnessed both signatures and had dated the form twice using 18 December 2007.
3. 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.
4. Public Law 95-396, enacted 14 October 1976, established child only coverage even if the member is married.
5. Public Law 95-145, enacted 8 November 1985, required the spouse's written concurrence for retiring member's election that provides less than maximum spouse coverage. An 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). The spouse cannot sign her concurrence prior to the member making his/her election.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that both the applicant and his spouse completed and signed the DD Form 2656 on 18 December 2007 and that it was witnessed on that same day. However, the applicant entered an incorrect date of 19 December 2007.
2. In view of the above, it would be appropriate to correct the applicant's DD Form 2656 to show that he signed it on 18 December 2007, the same day as his spouse and the witness.
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 showing that he signed his DD Form 2656 on 18 December 2007 and implementing his SBP election.
__________X_______________
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) AR20080014909
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080014909
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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