IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080015446
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 that it be shown that she did not consent for her late husband, the former service member (FSM), to terminate his Survivor Benefit Plan (SBP).
2. The applicant states that she did not sign any SBP documents to terminate SBP coverage and, therefore, assumed that her coverage was still in effect.
3. The applicant provides a notarized statement; two DD Forms 2656-2 (BACK) (Survivor Benefit Plan (SBP) Termination Request dated 2 January 2006 and 6 June 2006, respectively; the FSM's death certificate; and a statement from an SBP counselor who says that when the applicant and the FSM came into his office, the FSM wanted the applicant to sign the termination request form, and when the ramifications of the termination were explained to the applicant, she declined to sign the form.
CONSIDERATION OF EVIDENCE:
1. The FSM was released from active duty on 30 June 2003 in pay grade E-6 for sufficient service for retirement and placed on the Retired List the following day.
2. The DD Form 2656-2 (BACK) (Survivor Benefit Plan (SBP) Termination Request) dated 2 January 2006 shows that the FSM terminated his SBP coverage. That form was signed by the FSM and an individual identifying herself, and signing the document, as the applicant. That document was witnessed by the FSM.
3. The DD Form 2656-2 (BACK) (Survivor Benefit Plan (SBP) Termination Request) dated 6 June 2006 shows that the FSM terminated his SBP coverage. That form was signed by the FSM and an individual identifying herself, and signing the document, as the applicant.
4. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a DD Form 2656-2 (BACK) dated 6 June 2006 which shows that the FSM terminated his SBP coverage. That form was signed by the FSM and an individual identifying herself, and signing the document as, the applicant.
2. However, the applicants signature is distinctly different from other documents she signed which are contained in the FSMs military records (for example, an Army Emergency Relief Fund document). In addition, the applicants signature and the FSMs signature appear to be the same handwriting on the two Survivor Benefit Plan (SBP) Termination Requests.
3. While the Boards staff does not employ a handwriting analyst, it is apparent by the similarity of the writing in the applicants and the FSMs signature on the SBP termination forms, the difference in the applicants signature on the SBP termination form to other documents she signed in the FSMs records, and the statement from the SBP counselor that the applicant did not sign the SBP termination request, that the applicant did not sign the DD Form 2656-2 concurring in the FSM's request to terminate his participation in the SBP.
4. In view of the foregoing, the FSMs records should be corrected to show that the applicant did not sign the SBP termination request. As a result, the FSMs records should be further corrected to show that he never terminated his SBP coverage.
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 the applicant did not sign a DD Form 2656-2 consenting to the FSM terminating his SBP coverage and, as a result of this correction, paying to her SBP benefits (less money owed for SBP premiums) from the date of the FSMs death.
_______ _ 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) AR20080015446
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ABCMR Record of Proceedings (cont) AR20080015446
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