IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001099
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 termination of her participation in the Survivor Benefit Plan (SBP).
2. The applicant states:
a. She received papers from the Physical Disability Board of Review (PDRB) in July 2013 awarding her permanent disability retirement retroactive to November 2001.
b. She made the SBP election without proper advice. She asked the retirement office and the Defense Finance and Accounting Service (DFAS) about the amount of her retired pay, how much would the SBP cost, and would any payments be retroactive? She was told a number of times that she was not in the system or they had no file on her so they could not answer her questions.
c. Immediately after electing SBP she tried to cancel it because she made the election without full knowledge of how it worked and her spouse does not want the coverage. In December 2013, DFAS informed her to petition this Board.
3. The applicant provides:
* DD Form 2656-2 (SBP Termination Request), the back page.
* orders announcing her retirement for permanent disability
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 October 1997. She held military occupational specialty (MOS) 91R (Veterinary Food Inspector).
2. Her DD Form 214 shows she was honorably discharged effective
21 November 2001. The narrative reason shows disability, severance pay. Item 18 (Remarks) shows disability severance pay - $12,609.20.
3. Her DD Form 215 (Correction to DD Form 214), dated 25 June 2013, shows the narrative reason was changed to disability permanent. The entry in item
18 referring to severance pay was deleted.
4. The applicant provides the back page of a DD Form 2656-2, dated
31 December 2013, showing her spouse's concurrence with the applicant's decision to terminate participation in the SBP.
5. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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. An election, once made, was irrevocable except in certain circumstances. This law also provides that every member having a spouse and/or child(ren), who retired/transfers to the retired list on or after that date, is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the retired list.
DISCUSSION AND CONCLUSIONS:
1. The applicant's honorable discharge due to disability with severance pay was changed to permanent disability retirement on 25 June 2013 retroactive to
21 November 2001. She states she made the SBP election without proper advice after she was unable to get her questions answered.
2. As a matter of equity, her records should be corrected to show she elected not to participate in the SBP, her spouse concurred, and DFAS timely processed her request.
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 the applicant timely completed a DD Form 2656 electing not to participate in the SBP, and her spouse properly concurred with her decision on the same date
* showing the Defense Finance and Accounting Service timely received and processed the applicant's DD Form 2656 declining the SBP with the spouse's concurrence
* reimbursing all premiums already paid 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) AR20130005789
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001099
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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