BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130019660 


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, in effect, that her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and reimbursement of all premiums deducted from her retirement pay.  

2.  The applicant states:

	a.  she did not have a good understanding of the program when she first signed up, besides her divorce became final right before she left the military;

	b.  she had her spouse removed and she wanted the children to be removed as well;

	c.  she has several other means by which to take care of her children in case of her demise;

	d.  she has tried to be removed from the SBP since July 2013;

	e.  she never meant to be in this program in the first place.  She was told that it was mandatory until she received her divorce decree, which "she did not receive until the end of June"; and

	f.  she needs her request granted in order to inform the Defense Finance and Accounting Service (DFAS) to stop deducting premiums from her retired pay and to return her premiums.
  
3.  She provides:

* DD Form 2656-6 (SBP Election Change Certificate)
* Divorce decree
* Letters of explanation for opting out of SBP 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 10 June 1992.  She was discharged on 10 January 1994 for enlistment in the Regular Army (RA).  On 11 January 1994, she enlisted in the RA and was released from active duty on 3 October 1998.  On the following day, she was transferred to the USAR Control Group (Reinforcement).

2.  On 1 November 1998, she was ordered to active duty in an Active Guard Reserve status.  She was married on 31 December 2002.

3.  On 11 April 2011, she completed a DD Form 2656 and she enrolled in the SBP for spouse and child coverage based on full gross pay.  

4.  She was divorced on 25 June 2013.  On 2 July 2013, she submitted a DD Form 2656-6 to change her SBP election based on her divorce.  

5.  On 31 July 2013, she retired for length of service.

6.  She provided three letters of explanation in which she stated, in effect:

	a.  she would like to suspend her SBP due to the fact that she was divorced before leaving active duty (Active Guard Reserve);  

	b.  she's requesting a refund of the premiums that were deducted from her retired pay for the months of August and September (2013) and any others that may follow;

	c.  her monthly premiums of $117.23 should not have been taken out because she resubmitted a request to stop payment of SBP premiums before
31 July 2013;

	d.  the SBP spouse coverage has stopped, but premiums are still being subtracted for child coverage;

	e.  in hindsight, had she known then what she knows now, she would not have signed a paper in reference to the SBP program;
	f.  during transitioning, she was told that it was mandatory so she misunderstood and placed all her Defense Enrollment Eligibility Reporting System dependents on the form;

	g.  once she discovered that she did not have to include her children and knowing that she was in the process of a divorce she would not have included the children or signed a form at all;

	h.  she is requesting to opt out of the program because she has ample insurance for her children regardless of their age unlike the SBP which only covers them until young adulthood; and

	i.  according to DFAS, the approval must come from this Board before they can rule out her children.  

7.  Information obtained from DFAS indicates the applicant's SBP election is listed for child only, J_____ _. _____ effective 1 August 2013.  DFAS also indicated that since the applicant divorced prior to retirement, their system was updated to reflect child only coverage at retirement and a credit was issued for 2 months of SBP payments.  

8.  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.  The member may elect not to participate (with their spouse’s concurrence, if required), but the election must be made before the first day for which the member is eligible to receive retired pay.  

9.  Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation.  Retirees have a one-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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she did not have a good understanding of the SBP program when she first signed up.  However, there is no evidence of record which indicates that an error or injustice has occurred in this case.  

2.  The evidence of record shows that she enrolled in the SBP for spouse and child coverage.  

3.  The applicant was divorced on 25 June 2013.  
4.  The applicant completed a DD Form 2656-6 on 2 July 2013 requesting a change in her participation in the SBP based on her divorce.  She retired on 31 July 2013 for length of service.

5.  The applicant's records at DFAS revealed she had SBP for child coverage effective 1 August 2013.  Since she divorced prior to her retirement on 31 July 2013, DFAS updated her SBP coverage from spouse and child coverage to child only coverage and she was given a credit for 2 months of SBP spouse payments.  

6.  There is insufficient evidence in which to grant the applicant's request; however she will have a one-year period, beginning on 1 August 2015, in which to terminate her SBP enrollment.  She is encouraged to contact the nearest Retirement Services Officer for more information prior to making her decision.

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)                                         AR20130019660



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ABCMR Record of Proceedings (cont)                                         AR20130019660



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