IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100010156
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 her military records be corrected by canceling her Survivor Benefit Plan (SBP) election for spouse coverage.
2. The applicant states her spouse filled out all the paperwork, indicated he did not want SBP, and he faxed the paperwork back to the retirement section. However, the paperwork faxed to the Fort Carson, Colorado office was not used. She contends her spouse spoke to the personnel about his desire and the paperwork was sent out accordingly and then faxed back to them.
3. The applicant provides:
* DD Form 2656 (Data for Payment of Retired Personnel), dated 25 August 2010
* Retiree Account Statement, dated 1 October 2010
CONSIDERATION OF EVIDENCE:
1. The applicant retired effective 1 August 2007 in the rank of staff sergeant/pay grade E-6.
2. The available records do not contain a DD Form 2656.
3. Defense Finance and Accounting Service (DFAS) records show they never received an SBP election from the applicant. Her current SBP election is automatic with full coverage, the default election when a valid election is not received.
4. In support of her claim, the applicant provided a DD Form 2656, dated
25 August 2010, which shows she elected not to participate in the SBP and that she did not have eligible dependents under the plan. Section XI (SBP Spouse Concurrence (required when member is married and elects children only coverage, does not elect full spouse coverage, or declines coverage)) of this form is blank.
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. It appears the applicant was automatically enrolled in the SBP for spouse coverage since she did not make an SBP election prior to her retirement in 2007.
2. The applicant's contentions were carefully considered. However, there is no evidence and the applicant provided no evidence which shows her spouse concurred with her election to decline SBP. Therefore, there is no basis for granting the applicantÂ’s request.
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) AR20100010156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010156
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