IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130021636
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
14. On 11 December 2013, new information was received from an official at Retired and Annuity Pay, Defense Finance and Accounting Service (DFAS), Cleveland, OH, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120017563, dated 11 April 2013.
15. The new information consists of an email from a DFAS official who states:
a. In the applicant's case, she applied for her Reserve retirement on 5 June 2012. It is from this date that she is able to participate in the Survivor Benefit Plan (SBP). While her retired pay will be retroactive to the date she turned 60 years of age, her SBP is only retroactive to the date she filed for retirement (DD Form 108 - Application for Retired Pay), which is 6 June 2012 in this instance.
b. It is for this reason that DFAS officials are unable to terminate her SBP because she is not within her 25th to 36th month of participation within the SBP. If the Board wants to grant her relief to have her SBP terminated, the correct wording should be showing that she elected to decline SBP on 4 June 2012. Otherwise, she would need to wait until 5 June 2014 when she will be eligible to terminate her coverage.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20120017563, dated 11 April 2013, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
7. The ABCMR's decision in AR20120017563, dated 11 April 2013, concluded that the Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommended that all Department of the Army records of the individual concerned be corrected by:
* showing the applicant elected to terminate her SBP participation in September 2010 and that her spouse properly concurred with her decision on the same date
* showing the Defense Finance and Accounting Service received and processed her request for termination in a timely manner, with the spouse's concurrence
* reimbursing any premiums already paid or owed by the applicant as a result of this correction
8. In view of the DFAS guidance, it is clear that the intent of the Board is to grant relief but the wording may not have been accurately stated. Therefore, to satisfy DFAS requirement to include language specific to "declining" versus "terminating" the SBP, the recommendation in ABCMR Docket Number AR20120017563, dated 11 April 2013, should be amended as shown below.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
3. 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 the applicant elected to decline SBP participation on 4 June 2012 and that her spouse properly concurred with her decision on the same date
* showing the Defense Finance and Accounting Service received and processed her request to decline the SBP in a timely manner, with the spouse's concurrence
* reimbursing any premiums already paid or owed by the applicant as a result of this correction
_______ _ _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) AR20130021636
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20130021636
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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