BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100026160
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 cancellation of his participation in the Survivor Benefit Plan (SBP).
2. He states SBP was instituted without his approval or knowledge. He further states, in effect, that he was divorced in January 1991 and he was never made aware that this would occur within 1 year of remarriage.
3. He provides no documents in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 31 July 1986 after completing 20 years and 25 days of active military service.
2. Prior to retirement, on 24 April 1986, he completed a DA Form 4240 (Data for Payment of Retired Army Personnel) electing spouse-only SBP coverage based on a reduced portion of his retired pay. He signed a statement attached to the form acknowledging he had been briefed on the SBP elections available to him, the effect of those elections, and that after he retired his election would be, in general, permanent and irrevocable.
3. A Decree of Divorce shows the applicant and his spouse were divorced on
28 January 1991.
4. A Retiree Account Statement effective 23 September 2010 shows he is married and paying for SBP (spouse-only coverage).
5. The available records do not show when he remarried.
6. His current spouse has not provided a signed, notarized statement indicating she understands the implications of his request to stop participating in SBP and agrees with his request.
7. 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. An election, once made, was irrevocable except in certain circumstances.
8. Public Law 99-145, enacted 8 November 1985, permitted a previously participating retiree upon remarriage to elect not to resume spouse coverage or to increase reduced coverage for the latter spouse (requiring a payback with interest of SBP premiums prior to first anniversary of remarriage). Changes must be made prior to the first anniversary of remarriage or else the previously suspended coverage resumes by default on the first day of the month following the first anniversary of the remarriage, with costs owed from that date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his record to show cancellation of his participation in the SBP.
2. It appears he did not make an election to discontinue spouse coverage within 1Â year of his post-retirement spouse and as required by law, his coverage defaulted to the spouse-only coverage that he elected in 1986, the premiums of which are now being collected.
3. The evidence of record does not show and he has not provided evidence showing spouse-only SBP costs are being improperly deducted from his retired pay. In the absence of such evidence, there is no basis for granting the relief he requests.
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) AR20100026160
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ABCMR Record of Proceedings (cont) AR20100026160
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