IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090003095
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 declined coverage under the Survivor Benefit Plan (SBP).
2. The applicant states that he wants to cancel his SBP. He contends that he declined this coverage during out-processing from the Army.
3. The applicant provides, in support of his application, copies of Defense Finance and Accounting Service (DFAS) bills for SBP premiums dated January and February 2009.
CONSIDERATION OF EVIDENCE:
1. On 19 July 2006, the applicant was ordered to active duty as a member of the Army National Guard. On 26 August 2008, he was retired by reason of permanent disability. He had attained the rank/grade of sergeant (SGT)/E-5. He had completed a total of 3 years, 6 months, and 2 days of active service and 3 years, 9 months, and 8 days of inactive service.
2. DFAS records show that no SBP election was received or processed. He was automatically enrolled in the SBP.
3. 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. 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).
4. On 19 August 2009, the applicant stated in a telephone conversation with the analyst of this case that he was not married at the time of his retirement and that he is currently unmarried.
5. A DD Form 1172 (Application for Uniformed Services Identification Card/DEERS [Defense Enrollment Eligibility Reporting System] Enrollment) indicates the applicant did not have any dependents.
6. An SGLV-8286 (Servicemembers' Group Life Insurance Election and Certificate) dated 6 February 2007, shows that the applicant designated his parents and sister as beneficiaries for his group life insurance.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he declined SBP coverage at the time of his retirement.
2. The evidence of record shows that the applicant was automatically enrolled in the SBP. There is no evidence of record, nor has the applicant provided any documentary evidence, showing that he declined SBP coverage prior to the date of his retirement.
3. However, the available evidence of record shows that he did not have any qualifying dependents for coverage under the provisions of the SBP. Furthermore, the applicant confirmed telephonically that he was not married at the time of his retirement.
4. In view of the foregoing, the applicant's records should be corrected to show that he was never enrolled in the SBP. Furthermore, he should be refunded all premiums deducted from his retired pay.
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 that the applicant declined to participate in the SBP prior to his retirement; and
b. refunding any SBP premium payments already deducted from his retired pay account.
___________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) AR20090003095
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ABCMR Record of Proceedings (cont) AR20090003095
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