IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130018650
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 DD Form 2656 (Data for Payment of Retired Personnel) be corrected to show his spouse concurred with his election not to participate in the Survivor Benefit Plan (SBP) on 12 December 2012.
2. The applicant states:
he and his wife declined the SBP, but were automatically enrolled
they asked for a refund, but it has not reached the end result
3. The applicant provides no additional documentary evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 February 2008 and trained as a shower/laundry/clothing specialist. He served in Iraq.
2. A DD Form 2656 shows:
a. he elected not to participate in the SBP.
b. Item 30.b (Date Signed) of Section XI (Certification) the applicant signed this form on 12 December 2012.
c. Section XII (SBP Spouse Concurrence) states "The date of the spouse's signature in item 32.b MUST NOT be before the date of the member's signature in item 30.b above).
d. item 32.b (Dated Signed) of Section XII shows his spouse concurred with his election on 27 November 2012.
3. This form was invalid because the date of his spouse's signature was before the date of his signature.
4. On 28 January 2013, he was retired and placed on the Temporary Disability Retired List the following day.
5. He provides a DD Form 2656-8 (SBP Automatic Coverage Fact Sheet), dated 10 June 2013, and an undated statement which states:
they (he and his wife) are choosing to stop SBP coverage
they filled out the DD Form 2656-8
they request the money taken from his retired pay be refunded
they fully understand that once they stop this coverage they can no longer enroll
6. He also provides a notarized statement, dated 21 July 2014, from his spouse concurring with his election not to participate in the SBP.
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. It appears the applicant's SBP election on his DD Form 2656 was deemed invalid and he was automatically enrolled in the SBP because his spouse signed the form on 27 November 2012 and he signed it on 12 December 2012.
2. Since his spouse concurred with his election not to participate in the SBP, it would be equitable to correct his record to show his spouse concurred with the SBP election shown on his DD Form 2656 on 12 December 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 showing his spouse gave her notarized concurrence with his election not to participate in the SBP on 12 December 2012 on his DD Form 2656.
_______ _ _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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