IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20130020212
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, correction of his military records to show his request to terminate his Survivor Benefit Plan (SBP) was processed by the Defense Finance and Accounting Service (DFAS) on or before 1 September 2013 and a refund of his last premium payment.
2. The applicant states he made telephone calls beginning on 1 September to stop his SBP participation. On 11 September 2013, he filed a form to terminate his SBP participation for a natural interest person.
3. The applicant provides copies of:
* U.S. Postal Service Certified Mail Receipt, dated 11 September 2013
* letter from DFAS, dated 18 October 2013
* Retiree Account Statements, effective 21 August 2013 and 20 September 2013
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. On 23 July 2009, the U.S. Army Human Resources Command (HRC) sent the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). This letter advised him of his options concerning SBP.
2. HRC Orders C05-393748, dated 8 May 2013, announced the retirement of the applicant and his placement on the Retired List with a date of 2 July 2013, which was his 60th birthday.
3. The applicant's Retiree Account Statement, dated 21 August 2013, indicates an SBP cost of $583.45 for a natural interest person.
4. The applicant provided a certified mail receipt, dated 11 September 2013, for an item sent to DFAS.
5. The applicant's Retiree Account Statement, effective 20 September 2013, indicates an SBP cost of $583.45 for a natural interest person.
6. In a letter dated 18 October 2013, DFAS informed the applicant that his request for termination of participation in the SBP had been received. It further states that enclosures were provided explaining the advantages and disadvantages of his continued participation and/or termination. He was told his participation would be terminated unless he notified DFAS prior to 17 November 2013 that he wanted to withdraw his request.
7. Public Law 92-425, the SBP, enacted 21 September 1972, 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. A person who is not married and does not have a dependent child upon becoming eligible to participate in the SBP may elect to provide an annuity to a natural person with an insurable interest in the member. Premiums for insurable interest coverage are generally higher than for any other category of coverage.
8. Public Law 103-337, enacted 5 October 1994, allowed SBP insurable interest participants whose beneficiary is not their former spouse to voluntarily terminate their participation in the SBP. Any such termination shall be made by a participant by the submission to the Secretary concerned of a written request to discontinue participation in the SBP. Such participation shall be discontinued effective on the first day of the first month following the month in which the request is received. Once participation is discontinued, benefits may not be paid in conjunction with the earlier participation in the SBP and premiums paid may not be refunded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his last premium payment should be refunded because he requested to terminate his participation in the SBP.
2. The applicant argues that he made telephonic requests to terminate his SBP participation beginning on 1 September 2013 but did not send a written request to end his SBP participation until 11 September 2013.
3. The governing law is very clear on this matter. It states that participation shall be discontinued effective the first day of the month following the month in which the request is received. In the applicant's case, he submitted his request in the middle of September 2013. Therefore, his last payment should have been for coverage for September 2013.
4. The applicant provided documentary evidence showing his retired pay for August and September 2013 was reduced $583.45 for an SBP premium. There is no available documentation showing any further payments taken from his retired pay.
5. In view of the above, there does not appear to be any error or injustice. The applicant's request should be denied.
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 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) AR20130020212
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ABCMR Record of Proceedings (cont) AR20130020212
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