BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130017892
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 cancellation of her Survivor Benefit Plan (SBP) coverage.
2. She states she cannot afford SBP coverage with the medical expenses she will have to pay now that she has retired. She states her spouse agrees with her decision.
3. She provides a self-authored statement signed by her and her spouse and a DD Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant provides a DD Form 2656, dated 15 July 2013, showing she elected SBP coverage for spouse and children with a reduced base amount. The applicant signed the form and her spouse concurred with her election. The applicant's signature was witnessed by an Army SBP Counselor, and her spouse's signature was notarized by the SBP Counselor.
2. On 30 September 2013, she retired from the U.S. Army Reserve (USAR)as a master sergeant/E-8 after completing 26 years, 11 months, and 25 days of service in an Active Guard Reserve status.
3. She provides a self-authored statement requesting cancellation of her SBP coverage. Her spouse's signature on the statement is not notarized.
4. 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 family members. The election must be made prior to the effective date of retirement or else coverage automatically defaults to spouse coverage, if applicable.
5. 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.
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 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 that prior to her retirement on 30 September 2013 the applicant made an SBP election for spouse and children coverage with a reduced base amount. Her spouse concurred with her election. There is no independent evidence indicating that she did not understand the costs associated with the election she made or that she was improperly counseled on the SBP.
2. Retirees have a 1-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 (DFAS). The spouses concurrence is required. No premiums will be refunded to those who opt to disenroll. During the 1-year period beginning on 1 October 2015, the applicant may submit a request to DFAS to withdraw from the SBP.
3. In the absence of evidence showing error or injustice in this case, there is an insufficient basis upon which to grant the requested 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) AR20130017892
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ABCMR Record of Proceedings (cont) AR20130017892
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