IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100019518
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, the widow of a deceased former service member (FSM), requests correction of the FSM's military records to void a DD Form 2656-2 (Survivor Benefit Plan (SBP) Termination Request) and to reinstate SBP benefits.
2. The applicant states her signature on the DD Form 2656-2 was forged.
3. The applicant provides copies of a DD Form 2656-2, dated 20 April 1999; letters to the Defense Finance and Accounting Service (DFAS) dated 21 January and
12 March 2010; a letter from DFAS dated 3 June 2010; and store receipts dated 25 February and 17 March 1995.
CONSIDERATION OF EVIDENCE:
1. On 23 February 1988, the FSM completed a DA Form 4240 (Data for Payment of Retired Army Personnel) indicating that he desired reduced SBP coverage for his spouse and dependent children in the amount of $1,000.00. The form was signed by the FSM and bears a signature representing that the applicant concurred with the FSM's election. The form was notarized.
2. On 30 June 1988, the FSM retired for length of service. He had attained the rank of sergeant major, pay grade E-9, and had completed a total of 32 years,
4 months, and 17 days of creditable active duty service.
3. The applicant provides a copy of a DD Form 2656-2 indicating that on 20 April 1999 the FSM requested to terminate participation in the SBP. This form bears signatures representing both the FSM and the applicant. It also contains entries indicating that a notary witnessed both the FSM and the applicant sign this form. All signatures bear the same date.
4. The applicant has provided copies of two store receipts, each dated in 1995, that bear signatures representing the applicant.
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 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. It also provided that individuals already retired for two years had a one time opportunity to termination SBP between the period 17 May 1998 and 16 May 1999.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's military records should be corrected to void a DD Form 2656-2 and to reinstate SBP benefits because her signature was forged.
2. The available evidence clearly shows that the FSM had elected to participate in the SBP to provide coverage for his spouse and children. Subsequently, in April 1999, a DD Form 2656-2 was submitted by the FSM requesting to terminate his participation in the SBP. This form contains the applicant's signature (although she contends it was forged), and her signature was notarized.
3. The copies of store receipts provided by the applicant, and bearing a somewhat different signature, are insufficient for making a determination that her signature was forged on the DD Form 2656-2, especially given the facial validity of the form and the apparent participation of a notary public in its execution.
4. In view of the above, the applicants request should be denied.
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) AR20100019518
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ABCMR Record of Proceedings (cont) AR20100019518
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