Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090021734
Original file (20090021734.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20090021734 


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 to participate in the Survivor Benefit Plan (SBP) and that he receive a refund of all premiums paid.

2.  The applicant states that he retired from the US Army on 31 January 2009.  During his out-processing, he visited the Retirement Services Officer (RSO) who asked him if he wanted to enroll in the SBP.  The SBP was explained to him as a benefit that would provide his wife with half of his retired pay for life should he pass away.  Believing SBP was another benefit from the system offered to retirees, and without the knowledge that it included a monthly premium, he decided to enroll.  The applicant contends that he was not informed by the RSO that he would have to pay a monthly premium and that he was also incorrectly told he could disenroll the following year.

3.  The applicant provides, in support of his application, copies of signed statements from him and his wife declining SBP, retirement orders, a DD Form 2656 (Data for Payment of Retired Personnel), and DFAS-CL 7220 (Retiree Account Statement) effective 5 May 2010.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a lieutenant colonel, pay grade O-5, retired from the US Army.


2.  Orders 324-0001, US Army Installation Management Command, Fort Buchanan, Puerto Rico, dated 19 November 2008, released the applicant from assignment and duty due to physical disability, effective 30 January 2009.  He was placed on the retired list effective 31 January 2009, in the pay grade O-5.

3.  A DD Form 2656 shows he elected SBP coverage for his spouse based on his full gross pay.  Item 30 shows that he certified that he was counseled that he could terminate SBP participation within one year after the second anniversary of commencement of retired pay.  The form was signed and witnessed.  The form is dated 19 November 2008.

4.  DFAS-CL 7220, effective 5 May 2010, shows the applicant's monthly SBP costs as $206.12.

5.  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.

6.  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 spouse’s concurrence is required.  No premiums will be refunded to those who opt to disenroll.  The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was not informed that the SBP required a monthly premium and he was misinformed about how long he had to remain in the program before he could request to withdraw.

2.  The evidence clearly shows the applicant elected SBP coverage for his spouse based on his full gross pay.  Furthermore, he has been enrolled in the SBP since the date of his retirement.  Had he died, his spouse would have been eligible to receive benefits.  SBP is no more than an insurance policy.  Premiums for past periods of coverage are not refunded.

3.  There is no independent evidence available supporting the applicant's contention that he did not know about the monthly premium, or that he was misled about when he can disenroll.  He signed the DD Form 2656 certifying he was counseled when he could disenroll.

4.   The applicant's retired pay commenced on 1 February 2009.  He will have a 1-year period beginning on 1 February 2011 in which to terminate his SBP enrollment, provided his spouse concurs.  He is encouraged to contact the nearest RSO prior to making his decision for more information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20090021734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080011716

    Original file (20080011716.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his records to show he elected not to participate in the Survivor Benefit Plan (SBP) with his spouse's concurrence. By doing so, he also acknowledged he had been counseled that he can terminate SBP participation, with his spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. Completion of Section XI (SBP Spouse Concurrence) of DD Form 2656 is required when a service member is married and...

  • ARMY | BCMR | CY2010 | 20100000731

    Original file (20100000731.txt) Auto-classification: Denied

    The applicant provides a copy of his DD Form 2656 (Data for Payment of Retired Personnel), dated 28 May 2009; and his Retiree Account Statement, effective 2 December 2009. The applicant contends that he did not know and was not informed that the SBP required a monthly premium. He will have a 1-year period beginning on 1 September 2011 in which to terminate his SBP enrollment, provided his spouse concurs.

  • ARMY | BCMR | CY2014 | 20140018353

    Original file (20140018353.txt) Auto-classification: Denied

    Section XI (Certification) item 30 (Member) states, "Also, I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within 1-year after the second anniversary of commencement of retired pay. He provided a DD Form 2656-2 requesting termination of his SBP coverage. The evidence of record shows the applicant submitted a DD Form 2656 wherein he elected to participate in the SBP for spouse/children based on the full amount in the presence of an RSO counselor.

  • ARMY | BCMR | CY2012 | 20120009786

    Original file (20120009786.txt) Auto-classification: Denied

    The applicant provides a statement from his spouse. In item 32 (Member), the statement reads "Also I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. c. In Section XII (SBP Spouse Concurrence) (Required when member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage; the date of the spouse's signature in item...

  • ARMY | BCMR | CY2009 | 20090014707

    Original file (20090014707.txt) Auto-classification: Denied

    This letter notified the applicant that she had completed the required years of service and would be eligible for retired pay upon application at age 60. The evidence of record also shows she submitted a DD Form 2656 on 25 February 2009 wherein she elected, in the presence of an RSO counselor, not to participate in the SBP. However, by law, her spouse was required to authenticate this form on or after the date she made this election but prior to the date of retirement.

  • ARMY | BCMR | CY2010 | 20100007588

    Original file (20100007588.txt) Auto-classification: Approved

    The applicant states upon the FSM's retirement on 30 November 1996 he elected SBP coverage. On 2 March 1999, the FSM completed a DD Form 2656-2 in which he elected to terminate SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the FSM's DD Form 2656-2, dated 2 March 1999 was invalid; b. showing the FSM's continued enrollment in the SBP for "spouse only" coverage; and c. paying the applicant the SBP annuity...

  • ARMY | BCMR | CY2009 | 20090011231

    Original file (20090011231.txt) Auto-classification: Denied

    Part XI (Certification) of the DD Form 2656 states, in pertinent part, "Also, I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. The evidence of record also shows the applicant retired effective 1 June 2009 and monthly SBP premiums are being deducted from his military retired pay. There is no evidence of record, and the applicant provides insufficient evidence, that...

  • ARMY | BCMR | CY2008 | 20080014829

    Original file (20080014829.txt) Auto-classification: Denied

    The evidence of record shows that prior to his retirement, the applicant elected to participate in the SBP, spouse coverage. The applicant could have made a written request to the Defense Finance and Accounting Service (DFAS) as early as 1 July 2008 (the beginning of the second anniversary of the date on which his retired pay started) to request disenrollment; however; there is no indication that he did so. When submitting his request to DFAS to terminate his SBP, the applicant must obtain...

  • ARMY | BCMR | CY2015 | 20150009327

    Original file (20150009327.txt) Auto-classification: Approved

    The evidence of record shows the applicant submitted a DD Form 2656 and a DD Form 2656-1 wherein he elected to participate in the SBP for former spouse and children coverage pursuant to a written agreement previously entered into voluntarily as part of divorce proceedings and incorporated in a court order. The divorce proceedings do not compel the applicant to provide SBP coverage for his former spouse. Although the applicant indicated on the forms that he entered into a written agreement...

  • ARMY | BCMR | CY2012 | 20120004305

    Original file (20120004305.txt) Auto-classification: Denied

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100028330 on 23 June 2011. He applied to the Board to terminate his SBP coverage. Beginning 1 October 2008, a member who is at least 70 years of age and has made a minimum of 360 months of premium payments is eligible to have their monthly premiums stopped.