IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029204
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 termination of her Survivor Benefit Plan (SBP) coverage.
2. The applicant states she was incorrectly briefed on the monthly cost of her coverage by numerous personnel during retirement briefings and discussions. She elected to take the SBP. However, in regards to the threshold amount, which is $725.00, she understood that the cost would be $18.13 per month. She is currently being charged $47.13 per month. She would like her SBP cancelled. It is costing her more than she had thought.
3. The applicant did not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a Reserve commissioned officer and executed an oath of office on 18 May 1990. She entered active duty on 22 May 1990, served in various stateside or overseas assignments, and attained the rank of lieutenant colonel (LTC). She married her spouse, RSM on 2 April 2004.
2. On 1 February 2010, she completed a DD Form 2656 (Data for Payment of Retired Personnel). She indicated that she was married to RSM and she elected spouse SBP coverage based on a reduced amount of $725.00.
3. She and a Retirement Services Officer (RSO) authenticated this form on 1 February 2010 by placing their signatures in the appropriate blocks and her spouse concurred with this election by also authenticating this form by placing his signature in the appropriate block on the same date.
4. She was honorably retired on 31 May 2010 and was placed on the retired list in her retired rank of LTC on 1 June 2010. She was credited with completing more than 20 years of faithful honorable active service.
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. The election must be made prior to the effective date of retirement or else coverage automatically defaults to spouse coverage, if applicable.
6. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouses written concurrence for a retiring members election that provides less than the maximum spouse coverage.
7. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a 1-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 evidence of record shows, prior to her retirement on 1 June 2010, the applicant made a spouse SBP election based on a reduced amount. She authenticated this form in the presence of an RSO and her spouse concurred with her election. There is no independent evidence that the applicant was not counseled properly at the time she made her election or any indication that she did not understand the election she made.
2. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started to request withdrawal from the SBP directly from the Defense Finance and Accounting Service. The spouses concurrence is required. No premiums will be refunded to those who opt to disenroll.
3. In view of the foregoing, there is insufficient evidence to grant her relief.
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) AR20100029204
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ABCMR Record of Proceedings (cont) AR20100029204
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