BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100000731
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 stopped his participation in the Survivor Benefit Plan (SBP).
2. The applicant states he did not know and was not told that payments for SBP would be deducted from his retired pay.
3. 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.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a sergeant first class (SFC)/ pay grade E-7, retired from the Regular Army.
2. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2009 shows he was retired due to sufficient service for retirement. He had completed 20 years and 19 days of creditable active service.
3. A DD Form 2656 shows he elected SBP coverage for his spouse only based on his full gross pay. Item 30 shows he certified that he was counseled that he could terminate SBP participation within one year after the second anniversary of
commencement of retired pay provided his spouse concurred. The form was signed and concurrently witnessed by the Fort Riley Retirement Services Officer on 28 May 2009.
4. The applicant's Retiree Account Statement, effective 2 December 2009, shows an SBP cost of $123.63 per month, effective 4 January 2010.
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 spouses 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 did not know and was not informed that the SBP required a monthly premium.
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.
3. There is no independent evidence available supporting the applicant's contention that he did not know about the monthly premium. He signed the
DD Form 2656 certifying he was counseled about the conditions for disenrollment from SBP.
4. The applicant's retired pay commenced on 1 September 2009. He will have a 1-year period beginning on 1 September 2011 in which to terminate his SBP enrollment, provided his spouse concurs. He is encouraged to contact the nearest Retirement Services Office for more information prior to making his decision.
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) AR20100000731
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100000ARMY | BCMR | CY2009 | 20090021734
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. 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. He will have a 1-year period beginning on 1...
ARMY | BCMR | CY2008 | 20080011716
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 | CY2012 | 20120004305
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.
ARMY | BCMR | CY2009 | 20090010153
BOARD DATE: 6 October 2009 DOCKET NUMBER: AR20090010153 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant signed the DD Form 2656 under Section XI (Certification) which specifically states, in 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 applicant provided a Retiree Account Statement which shows the monthly deduction of his SBP...
ARMY | BCMR | CY2009 | 20090011231
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 | CY2012 | 20120009786
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 | CY2014 | 20140018353
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 | CY2008 | 20080014829
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 | CY2014 | 20140018652
He elected SBP coverage for spouse based on the full gross pay. In connection with his disability retirement, at a combined rating of 50 percent, the applicant completed a DD Form 2656 and elected participation in the SBP program for spouse coverage based on the full amount. The applicant retired on 27 August 2009.
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...