IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023543
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 disenrollment from the Survivor Benefit Plan (SBP).
2. The applicant states he did not know that by not taking any action at all regarding SBP, he would be automatically enrolled. He adds both he and his spouse do not want SBP.
3. The applicant provides:
* a declination letter signed by him and his spouse
* a copy of a Defense Finance and Accounting Service-Cleveland
(DFAS-CL) Form 7220/148 (Retiree Account Statement)
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired sergeant first class/E-7. He retired on 30 June 2010.
2. The applicant's interactive Personnel Electronic Records Management System (iPERMS) records contain a DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members). This document shows the applicant did not participate in financial management counseling, to include counseling on the Thrift Savings Plan, retirement, and SBP.
3. The applicant's iPERMS records do not contain a DD Form 2656 (Data for Payment of Retired Personnel). Section IX (SBP Election) is used for electing SBP options.
4. The applicant's DFAS-CL Form 7220/148 shows he is paying for SBP coverage for spouse only based upon his full gross retired pay.
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. A retiree is automatically enrolled in SBP upon retirement at the maximum level of coverage for his or her respective surviving spouse and surviving dependent children unless the retiree elects not to participate, to participate at a lesser level of coverage, elects other than spouse coverage, or is ordered by a court to provide such benefits to a former spouse.
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.
7. A member may terminate participation between the 25th and 36th month after receipt of retired pay. Spousal concurrence is required and no premiums will be refunded for past coverage. Termination between the 25th and 36th month after receipt of retired pay means future enrollment is barred. A DD Form 2656-2 (SBP Termination Request) must be completed and sent to DFAS.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant was automatically enrolled in the SBP for spouse coverage since he did not make an SBP election prior to his retirement in 2010. Soldiers who do not make an SBP election are automatically enrolled in SBP upon retirement at the maximum level of coverage.
2. The applicant's contentions were carefully considered; however, he clearly had the opportunity to receive information concerning SBP. Had he availed himself of that information, he could have declined SBP with spousal concurrence.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
4. The applicant has the option of terminating his participation in SBP between the 25th and 36th months of his retirement.
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 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) AR20100023543
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023543
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130003413
Prior to his retirement, the applicant completed his DD Form 2656 and elected spouse and children coverage based on the full amount of his retired pay. Although this is not necessarily the Army's fault and there is no error in his records, since he applied immediately and his spouse has concurred with the decision to terminate SBP enrollment, as a matter of equity only, his records should be corrected to show he made an election to decline participation at the time he retired and his spouse...
ARMY | BCMR | CY2011 | 20110020402
Application for correction of military records (with supporting documents provided, if any). The evidence of record and the independent evidence provided by the applicant fail to show he completed an SBP election to decline coverage prior to his retirement. As a result, there is an insufficient evidentiary basis to support termination of SBP coverage for the applicant prior to the period allowed in the existing SBP law.
ARMY | BCMR | CY2010 | 20100009918
The applicant states she elected not to participate in the SBP; however, SBP premium payments were withdrawn from her first retirement pay statement. She states when she initially completed the form electing to decline SBP coverage, there were no instructions stating that signatures on the form must be notarized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant accurately completed the DD Form...
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 | CY2008 | 20080006089
The applicant requests that her records be corrected to show she did not elect Survivor Benefit Plan (SBP) coverage. He states that both he and the applicant made the decision not to elect coverage, but that he signed the DD Form 2656 one day prior to the applicant. Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before...
ARMY | BCMR | CY2009 | 20090007088
The applicant requests that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse coverage. The applicant states, in effect, that upon his retirement from active duty in 2002 he was automatically enrolled in the SBP and that he was unaware of the requirements to opt out of the SBP program between the 25th and 36th month after retirement. The applicant's contention that when he retired in 2002 he was unaware of the requirements to opt out of the...
ARMY | BCMR | CY2009 | 20090001340
The applicant requests, in effect, correction of his DD Form 2656 (Data for Payment of Retired Personnel) to show his spouse concurred with his election made on 27 October 2008, not to participate in the Survivor Benefit Plan (SBP), by showing that date in block 32b (Date Signed). As for the applicant's request for an expedited refund of the costs of the SBP already deducted from his retired pay account, the ABCMR only corrects military records. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090018035
The applicant provided a self-authored statement that stated the following: * He fell in the gray area when he was medically retired from the Army and he was misinformed on what he was eligible to receive * He was a full-time Department of Defense (DOD) civilian technician working for the National Guard and he was called to active duty * He was injured in Iraq during combat operations * He was evaluated by the VA and given a 100% disability rating percentage * He was told he could receive a...
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 | CY2010 | 20100007588
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...