IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090001112
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 his records be corrected to show that he elected to participate in the Survivor Benefit Plan (SBP) for children only coverage based on full gross pay.
2. The applicant states, in effect, the Retirement Services Office at Fort Jackson, SC, failed to forward his election form along with his spouse's concurrence to the Defense Finance and Accounting Service (DFAS) in a timely manner. He contends that DFAS did not receive his spouse's concurrence until he had officially retired resulting in having coverage for spouse and children based on full gross pay.
3. The applicant provides a DD Form 2656 (Data for Payment of Retired Personnel) and a copy of a notarized "Spouse SBP Election Concurrence Statement" in support of this application.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U.S. Navy, the applicant enlisted in the Regular Army on 3 May 1989.
2. On 26 March 2008, the applicant completed a DD Form 2656 and elected to participate in the SBP for children only coverage based on full gross pay.
3. The applicant provided a Spouse SBP Election Concurrence Statement which shows his spouse concurred with his SBP election on 24 April 2008.
4. The applicant was placed on the Army Retired list effective 1 July 2008.
5. 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.
6. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed a DD Form 2656 on 26 March 2008 which shows he elected to participate in the SBP for children only coverage based on full gross pay and his spouse concurred with his SBP election on 24 April 2008. He was placed on the retired list effective 1 July 2008.
2. It would be equitable to correct his records to show the DD Form 2656 and the Spouse SBP Election Concurrence Statement were received and processed by the appropriate office and DFAS in a timely manner.
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:
a. showing the applicant accurately completed the DD Form 2656 on
26 March 2008, electing to participate in the SBP for children only coverage;
that his spouse concurred with his decision on 24 April 2008 by providing a notarized Spouse SBP Election Concurrence Statement; and that the DFAS timely received and processed the DD Form 2656 with the spouse's concurrence with the applicant's SBP election; and
b. reimbursing any premiums already overpaid by the applicant as a result of this correction.
__________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) AR20090001112
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ABCMR Record of Proceedings (cont) AR20090001112
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