BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110012857
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 participation in the Survivor Benefit Plan (SBP) and reimbursement of premiums.
2. The applicant states she declined participation in the SBP upon submission of retirement. She did not notice the difference in notary dates and was not notified of the error.
3. The applicant provides a copy of a DD Form 2656 (Data for Payment of Retired Personnel) dated 7 March 2011.
CONSIDERATION OF EVIDENCE:
1. On 8 December 1983, the applicant entered the U.S. Army Reserve. She attained the rank of colonel, pay grade O-6. She has been married since March 1985.
2. In a memorandum dated 7 January 2004, the Director, Personnel Actions and Services, U.S. Army Human Resources Command, St. Louis, Missouri, notified the applicant of her eligibility for retired pay at age 60 (20-Year Letter). This memorandum further informed her that she had 90 days from the date of the notice to make an RCSBP election, otherwise she would be automatically enrolled under option C, full coverage, for spouse and children.
3. There is no evidence of record showing that the applicant declined to participate in the RCSBP within the 90-day suspense established in her 20-Year Letter.
4. On 7 March 2011, the applicant signed a DD Form 2656 wherein she indicates her date of birth as 12 March 1951 and requested a retirement date of 31 March 2011, the month she attained 60 years of age. She also elected to not participate in the SBP. Her spouse indicated his concurrence. It was notarized and dated 8 February 2011, prior to the date of the election made by the applicant.
5. Public Law 95-397, the RCSBP, 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 reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member's 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.
6. 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 spouse's 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.
7. Public Law 106-398, dated 30 October 2000, requires that upon receipt of the 20-year letter, a qualified Reserve Component member who is married will automatically be enrolled in the RCSBP under Option C (spouse, or spouse and children coverage) based on the full amount unless the spouse's concurrence is provided to allow one of the following elections:
* option A (defer enrollment to age 60)
* option B (enroll and pay annuity when member would have been age 60 for spouse or spouse and children at less than maximum amount or enroll children only)
* option C (enroll and pay annuity immediately upon death, but enroll spouse or spouse and children at less than maximum amount or enroll children only)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she declined her participation in the SBP when she requested retired pay at age 60 and should be reimbursed the premiums she has paid.
2. The evidence of record clearly shows that the applicant was informed in her 20-Year Letter in 2004 about making an RCSBP election within a 90-day period, or be automatically enrolled in Option C based on full coverage for her spouse. Accordingly, at the time of her request for retired pay, she was already enrolled.
3. Public Law 105-85 provides that the applicant has a 1-year period beginning on the second anniversary of the date on which her retired pay started (1 April 2011) to withdraw from SBP. The spouse's 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. Accordingly, she may submit an election to terminate her enrollment in SBP, providing her spouse concurs, with an effective date anytime from 1 April 2013 to 30 March 2014.
4. In view of the above, the applicant's 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) AR20110012857
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ABCMR Record of Proceedings (cont) AR20110012857
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