IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120020679
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 his military records be corrected by canceling his Survivor Benefit Plan (SBP) participation for spouse coverage.
2. The applicant states:
* SBP and Reserve Component SBP (RCSBP) deductions should not be withheld from his military retirement
* it was his understanding when he divorced Betty and he got confirmation that spousal SBP had stopped that was all he had to do
* when he remarried in 2001, he assumed that if they wanted SBP that he had to request it
* his DD Form 1883 (SBP Election Certificate), dated 13 December 1993, shows he elected spouse only coverage, not spouse and child
* the Defense Finance and Accounting Service (DFAS) letter, dated
10 December 2010, was in error because it claims he elected spouse
and child coverage
3. The applicant provides:
* DD Form 1883
* DARP Form 3856 (Reserve Component Supplemental SBP Election Certificate)
* Letter, dated 3 December 1999, from the U.S. Army Reserve Personnel Command, St. Louis, MO
* Letter, dated 10 December 2010, from DFAS
* DD Form 2656-2 (SBP Termination Request), dated 30 October 2012
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 6 November 1950. His enlistment date in the U.S. Army Reserve is unknown. He married Betty on 25 August 1979.
2. His DD Form 1833, dated 13 December 1993, shows he enrolled in the RCSBP for spouse coverage, option C (Immediate coverage), full base amount. Section II of this form stated, "IMPORTANT: The decision you make with respect to participation in this Survivor Benefit Plan is a permanent irrevocable decision. Please consider your decision and its effect very carefully.
3. He and Betty divorced on 9 February 1998.
4. He married Evelyn on 30 May 2001.
5. He provided a DD Form 2656-2, dated 30 October 2010, which shows he elected not to participate in the SBP. Apparently, his spouse concurred with this election, but failed to date the form in item 5b (Date Signed).
6. He was placed on the Retired list effective 6 November 2010 in the rank of sergeant first class.
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.
8. 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, or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Once a member elects either options B or C in any category of coverage, that election is irrevocable. Option B
and C participants do not make a new SBP election at age 60. They cannot cancel SBP participation or change options they had in RCSBP, and RCSBP coverage automatically rolls into SBP coverage.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 1883 shows he enrolled in the RCSBP for spouse coverage, option C, on 13 December 1993. That was an irrevocable election that rolled over into the standard SBP upon reaching age 60. Therefore, there is no basis for granting the applicant's request.
2. The law provides that retirees have a 1-year period beginning on the second anniversary of the date on which their retired pay started (6 November 2012 to
6 November 2013 for this applicant) to withdraw from the SBP.
3. His DD Form 2656-2, dated 30 October 2012, is not valid since his spouse did not date the form and his request to withdraw from the SBP was submitted too early (his 1-year period beginning on the second anniversary of the date on which his retired pay started is 6 November 2012). Now that he is within the eligibility period, the applicant should resubmit a properly-completed
DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate) to the appropriate office.
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) AR20120020679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120020679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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