IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130006372
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:
a. item 14 (Marital Status) of her DD Form 2656 (Data for Payment of Retired Personnel) be corrected to show an "X" in the "Married but Withhold at Higher Single Rate" box; and
b. her DD Form 2656 be corrected to show her spouse concurred with her election not to participate in the Survivor Benefit Plan (SBP).
2. The applicant states she:
* mistakenly checked the "Single" block on her DD Form 2656 because she wanted the single tax rate
* failed to notice the "Married But Withhold at Higher Single Rate" box
* her husband does not wish to participate in the SBP
3. The applicant provides:
* DD Form 2656
* Letter, dated 15 March 2013, from the Defense Finance and Accounting Service (DFAS)
* Notarized statement from her spouse, dated 27 December 2013
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve in the rank of staff sergeant on 27 August 1985.
2. She provides a DD Form 2656, dated 23 March 2012, which shows:
* an "X" in the "Single" box in item 14
* she was married
* she elected not to participate in the SBP
* in Section XII (SBP Spouse Concurrence) the entry "N/A" (not applicable)
3. On 7 January 2013, she was placed on the retired list in the rank of staff sergeant.
4. She provides a letter, dated 15 March 2013, from DFAS which states her
DD Form 2656 contains the following discrepancies:
a. Section V (Designation of Beneficiaries for Unpaid Retired Pay) she named her spouse, David.
b. Section VI (Federal Income Tax Withholding Information) item 14 shows her marital status is single.
c. Section IX (SBP Election) she elected not to participate and indicated she did not have eligible dependents.
d. Section XII she entered the entry "N/A."
5. The DFAS letter informed the applicant that her spouse (David) is an eligible beneficiary for SBP purposes. An election of "no eligible beneficiaries" means that she is unmarried and has no children under the age of 18, or 22 and attending school. In order to elect not to participate, her spouse would have to consent to this election in Section XII. She was also informed if she wished to have her Federal Income Tax Withholding Information deducted at the higher rate, the correct box would have been "Married but withhold at a higher single rate." She was provided two options: (1) apply for a change to this board; or
(2) terminate coverage.
6. She provides a notarized statement, dated 27 December 2013, from her spouse which states:
* my spouse elected not to participate in the SBP
* he concurs with the SBP election made by his spouse
7. 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.
8. 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 applicant contends she mistakenly checked the "Single" box in item 14 of her DD Form 2656 because she failed to notice the "Married but Withhold at Higher Single Rate" box. Per her request, it would be appropriate to correct item 14 of her DD Form 2656 to show her marital status as "Married but Withhold at Higher Single Rate."
2. Since her spouse concurred with her election not to participate in the SBP, it would be equitable to correct her record to show her spouse concurred with the SBP election shown on her DD Form 2656, dated 23 March 2012.
BOARD VOTE:
____x___ ___x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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. deleting the "X" in the "Single" box item 14 of her DD Form 2656 and placing an "X" in the "Married but Withhold at Higher Single Rate" box; and
b. showing her spouse gave his notarized concurrence with her election not to participate in the SBP on her DD Form 2656, dated 23 March 2012.
_______ _ _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) AR20130006372
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006372
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021995
When he completed the DD Form 1883 (SBP Election Certificate) on 8 August 1990, he was not married at that time. Section XII of the DD Form 2656 specifies that the spouse's concurrence is required with the member is married and does not elect full spouse coverage or declines coverage. However, the applicant's record should be corrected to show his SBP coverage is for child-only coverage.
ARMY | BCMR | CY2014 | 20140002188
The applicant requests, in effect, correction of her records to show she elected not to participate in the Survivor Benefit Plan (SBP) upon application for retired pay at age 60. The applicant states, in effect, she has no spouse. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant timely completed a DD Form 2656 electing not to participate in the SBP * showing DFAS timely received and processed the...
ARMY | BCMR | CY2013 | 20130007159
Section IV (Coverage), she elected Option A - I decline to make an election until age 60; c. Section VIII (Member Signature), the applicant and a witness signed the document on 11 April 2013; d. Section IX (Spouse Concurrence): (1) item 20 (Spouse), "I hereby consent in my spouse's RCSBP election as indicated. However, it appears the applicant's spouse was not notified of the applicant's election to decline SBP because there is no evidence of record that shows a spouse concurrence letter...
ARMY | BCMR | CY2012 | 20120000922
The applicant requests correction of the date in item 3 (Retirement/Transfer Date) of a DD Form 2656 (Data for Payment of Retired Personnel) and correction of her record to stop participation in the Survivor Benefit Plan (SBP). Reservists who elect option A are required to make an SBP election when applying for retired pay at age 60. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the 6 August 2009 DD Form 2656...
ARMY | BCMR | CY2013 | 20130017787
An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage. 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. The evidence of record shows the applicant's 20-year letter was dated 7 August 2003.
ARMY | BCMR | CY2013 | 20130017267
The applicant requests correction of her record to show that she and her spouse elected not to participate in the Survivor Benefit Plan (SBP). 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 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Once she made the RCSBP election the premiums would have to be recovered from her retired pay...
ARMY | BCMR | CY2008 | 20080006089
The applicant requests that her records be corrected to show she did not elect Survivor Benefit Plan (SBP) coverage. He states that both he and the applicant made the decision not to elect coverage, but that he signed the DD Form 2656 one day prior to the applicant. Public Law 95-397, the Reserve Component SBP, 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...
ARMY | BCMR | CY2008 | 20080015373
The applicant requests, in effect, that the records of her former spouse, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) with former spouse coverage. There is no evidence of record to show that the applicant made a written request of deemed election to DFAS for former spouse SBP coverage based on the divorce decree within one year of the date of the court order or filing involved. The evidence of record shows that, upon...
ARMY | BCMR | CY2010 | 20100009918
The applicant states she elected not to participate in the SBP; however, SBP premium payments were withdrawn from her first retirement pay statement. She states when she initially completed the form electing to decline SBP coverage, there were no instructions stating that signatures on the form must be notarized. 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...
ARMY | BCMR | CY2008 | 20080018041
The ABCMR analyst of record telephonically contacted the DFAS Retired Pay Office on 23 January 2009, which confirmed that the DD Form 2656, dated 10 July 2008 was not authenticated by the spouse on or after the date the applicant made his election. In a notarized statement, dated 27 January 2009, the applicant's spouse indicated that she had previously agreed with her husband's decision to not participate in the SBP and that she previously signed the one form provided by the Fort Drum, NY,...