IN THE CASE OF:
BOARD DATE: 19 MAY 2009
DOCKET NUMBER: AR20090001114
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 her records be corrected to show that she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay.
2. The applicant states that she did not request the SBP deduction and her spouse signed her application for retirement indicating he knew he would not receive SBP benefits. She states, in effect, that she declined participation in the SBP under item 26g of her DD Form 2656 (Data for Payment of Retired Personnel). She states that the Summary of Retired Pay Account indicates she did not submit the SBP Election Certificate.
3. The applicant provides a copy of her DD Form 2656, her Summary of Retired Pay Account, and her Retiree Account Statement in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 24 July 1947. She was married on 29 January 1971.
2. After having prior service in the U.S. Navy and the U.S. Navy Reserve, she enlisted in the U.S. Army Reserve on 18 September 1977.
3. The applicants notification of eligibility to receive retired pay at age 60
(20-year letter) is dated 5 May 1995. She apparently elected not to participate in the Reserve Component SBP (RCSBP) at that time.
4. The applicant completed a DD Form 2656 and signed this form on 13 January 2007. She placed an X in the second block of item 26g indicating that she did not have eligible dependents under the plan. She did not place an "X" beside the first block of item 26g which states, "I ELECT NOT TO PARTICIPATE IN SBP." Her spouse signed the DD Form 2656 under Section XI (SBP Spouse Concurrence) to indicate he concurred with the SBP decision made by his spouse.
5. The applicant reached age 60 on 24 July 2007.
6. The applicant provided a copy of her Summary of Retired Pay Account, dated 2 June 2008. This document indicates that the Defense Finance and Accounting Service - Cleveland Center had not received her SBP Election Certificate and, therefore, she was provided automatic SBP coverage effective 22 May 2008.
7. The applicant also provided a copy of her Retiree Account Statement with an effective date of 2 December 2008 which shows SBP spouse only costs had been deducted from her retired pay.
8. By a 1 April 2009 letter, the Board analyst notified the applicant to provide an up-to-date concurrence with her cancellation request from her spouse. Her spouse provided a notarized statement on 11 April 2009 indicating he concurred with the applicant's election not to participate in the SBP.
9. 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.
10. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60, but delay payment of it until the date of the members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.
11. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicants 20-year letter was dated 5 May 1995. It appears she did not elect to participate in the RCSBP at that time.
2. The applicant completed and signed a DD Form 2656 on 13 January 2007. However, even though her spouse concurred, she did not place an "X" in the first block of DD Form 2656 indicating she declined participation in the SBP. As a result, she was automatically enrolled in the SBP.
3. The applicant's spouse provided an up-to-date concurrence with her cancellation request of her SBP election.
4. It appears that it was the applicant's and her spouses intent to decline participation in the SBP. Therefore, as a matter of equity, it would be appropriate to amend the applicants DD Form 2656 to show she declined to participate in the SBP in a timely manner and to refund her any paid premiums.
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 the DD Form 2656 of the individual concerned be amended to show she and her spouse signed the form in a timely manner declining to participate in the SBP and it was received and accepted for processing by the appropriate office, thus resulting in her never being enrolled in the SBP and being due a refund of all SBP premiums paid.
________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.
ABCMR Record of Proceedings (cont) AR20090001114
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001114
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017092
The applicant requests her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. She provides: * Certified mail receipt * Letter addressed to DFAS * Standard Form 1199A (Direct Deposit) * DD Form 108 (Application for Retired Pay Benefits) * DD Form 2656 (Data for Payment of Retired Personnel) * Retiree Account Statement * Letter from DFAS, Retired and Annuity Pay * ARPC Form...
ARMY | BCMR | CY2006 | 20060004471C070205
Karmin Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her records be corrected to show that she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. As a result, the Board recommends that the DD Form 2656 of the individual concerned be amended to show she and her spouse signed the form in a timely...
ARMY | BCMR | CY2009 | 20090018016
The applicant requests that his records be corrected to show he declined participation in the Reserve Component Survivor Benefit Plan (RCSBP). His spouse provided a notarized statement on 18 June 2010, indicating she concurred with the applicant's election not to participate in the SBP. As a result, the Board recommends that the DD Form 2656 of the individual concerned be amended to show he and his spouse signed the form in a timely manner declining to participate in the SBP and it was...
ARMY | BCMR | CY2011 | 20110010623
She was placed on the Retired List in the rank of LTC on 10 February 2011, her 60th birthday. On 14 February 2011, she completed a DD Form 2656 wherein she indicated she was married. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member's 60th birthday; (C) elect that a beneficiary receive an annuity...
ARMY | BCMR | CY2008 | 20080006089
The applicant requests that her records be corrected to show she did not elect Survivor Benefit Plan (SBP) coverage. He states that both he and the applicant made the decision not to elect coverage, but that he signed the DD Form 2656 one day prior to the applicant. Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before...
ARMY | BCMR | CY2012 | 20120004580
The applicant requests her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage. On 15 September 2011, the applicant completed a DD Form 2656 and elected not to participate in the SBP.
ARMY | BCMR | CY2011 | 20110021300
Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member's 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Public Law 106-398, dated 30 October 2000, requires that upon receipt of the 20-year letter, a qualified Reserve Component member who is...
ARMY | BCMR | CY2011 | 20110012857
She also elected to not participate in the SBP. The applicant contends that she declined her participation in the SBP when she requested retired pay at age 60 and should be reimbursed the premiums she has paid. Accordingly, she may submit an election to terminate her enrollment in SBP, providing her spouse concurs, with an effective date anytime from 1 April 2013 to 30 March 2014.
ARMY | BCMR | CY2013 | 20130017267
The applicant requests correction of her record to show that she and her spouse elected not to participate in the Survivor Benefit Plan (SBP). Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Once she made the RCSBP election the premiums would have to be recovered from her retired pay...
ARMY | BCMR | CY2013 | 20130017787
An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage. 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. The evidence of record shows the applicant's 20-year letter was dated 7 August 2003.