BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008746
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 correction of his records to show he elected to participate in the Survivor Benefit Plan (SBP) for children-only coverage.
2. The applicant states he suffered a brain injury and did not understand and the wrong option was selected as a result.
3. The applicant provides his DD Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 February 2008.
2. On 10 September 2009, a physical evaluation board (PEB) found him unfit to perform his military duties due to post-traumatic stress disorder with a secondary cognitive disorder and comorbid major depressive disorder following his deployment to Iraq. The PEB recommended his placement on the Temporary Disability Retired List (TDRL).
3. On 28 December 2009, he was placed on the TDRL. He submitted a DD Form 2656, dated 13 October 2009, that shows he elected not to participate in the SBP. The DD Form 2656 also shows his spouse concurred with his election and that he had two children.
4. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election, once made, is irrevocable.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show he elected to participate in the SBP for children-only coverage has been carefully considered.
2. The evidence shows he completed a DD Form 2656 on 13 October 2009 in which he elected not to participate in the SBP and that his spouse concurred with his election. However, it appears he meant to select children only.
3. The evidence also shows that at the time of the submission of the DD Form 2656, he was suffering from a disabling medical condition which could have affected his decision-making abilities and his ability to carefully proofread his form. Additionally, his confusion also likely impacted his spouse's understanding of the form and program choices. Therefore, as a matter of equity, it would be appropriate to correct his records at this time to show he elected to participate in the SBP on 13 October 2009 for children-only coverage.
BOARD VOTE:
___x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. 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 2656 on 13 October 2009 electing to participate in the SBP for children-only coverage, full amount, and that his spouse concurred with his decision on the same date; and
b. showing the DD Form 2656 was received by the Defense Finance and Accounting Service and processed by the appropriate office in a timely manner.
__________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.
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