IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140001471
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 correction of his records to show he declined participation in the Survivor Benefit Plan (SBP).
2. He states:
* An SBP representative at Fort Polk, LA lost paperwork from his file
* He has been trying to correct this error since August 2013
* He has contacted the Defense Finance and Accounting Service (DFAS) several times and was told his paperwork was being processed
* In December 2013, DFAS informed him that they didn't receive all of his paperwork
* He was emailed this form to correct his pay since the SBP representative didn't have all of his paperwork in his file
3. He provides a Spouse SBP Election Concurrence Statement.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 July 1993. He was married on 25 May 1995. He continued to serve on active duty through a series of reenlistments.
2. In a notarized statement, dated 6 May 2013, the applicant's spouse concurred with his decision to decline SBP.
3. On 31 July 2013, he retired after completing 20 years of active service.
4. He completed a DD Form 2656 (Data for Payment of Retired Personnel) and signed this form on 30 August 2013. He placed an "X" in the first block of item 26g indicating he did not elect to participate in the SBP. He also placed an "X" in the first block of item 26g indicating he had eligible dependents under the plan. This form indicates his spouse and one dependent child.
5. His spouse did not sign the DD Form 2656 under Section XII (SBP Spouse Concurrence) to indicate she concurred with the SBP decision made by the applicant.
6. His Retiree Account Statement with an effective date of 28 February 2014 shows SBP spouse only premiums have been deducted from his retired pay in the amount of $185.87.
7. Public Law 92-425, the SBP, enacted on 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. Elections are made by category, not by name. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage.
8. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring members election that provides less than the maximum spouse coverage.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully reviewed. There is sufficient evidence on which to grant the relief requested.
2. His spouse provided a notarized statement, dated 6 May 2013, that appears to have been sent to her from an official Army officer. This notarized statement is accepted as sufficient evidence to support her concurrence with the applicant's decision to decline enrollment in the SBP.
3. The applicant retired on 31 July 2013.
4. After he retired, on 30 August 2013, the applicant completed a DD Form 2656 and elected not to participate in the SBP. His spouse did not sign the DD Form 2656 indicating she concurred with his decision to decline participation in SBP. As a result, he was automatically enrolled in SBP.
5. It appears it was always the applicant's and his spouse's intent to decline participation in the SBP. The timing of the preparation of the documents corroborates the applicant's statements in relation to the events that occurred.
6. Therefore, as a matter of equity and in light of his spouse's verification of her concurrence, it would be appropriate to amend the applicants DD Form 2656 to show he declined to participate in the SBP in a timely manner and refund him all premiums paid.
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:
a. amending his DD Form 2656 to show he and his spouse timely signed the form declining to participate in the SBP and the form was properly notarized;
b. showing DFAS timely received and processed the DD Form 2656 confirming declination of the SBP; and
c. refunding him all SBP premiums paid 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) AR20140001471
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001471
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017092
The applicant requests her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. She provides: * Certified mail receipt * Letter addressed to DFAS * Standard Form 1199A (Direct Deposit) * DD Form 108 (Application for Retired Pay Benefits) * DD Form 2656 (Data for Payment of Retired Personnel) * Retiree Account Statement * Letter from DFAS, Retired and Annuity Pay * ARPC Form...
ARMY | BCMR | CY2012 | 20120004580
The applicant requests her records be corrected to show she declined participation in the Survivor Benefit Plan (SBP) and that she receive a refund for all SBP premiums taken from her retired pay. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only, if applicable) coverage. On 15 September 2011, the applicant completed a DD Form 2656 and elected not to participate in the SBP.
ARMY | BCMR | CY2008 | 20080020073
His spouse provided a notarized statement, dated 13 May 2009, indicating she concurred with the applicant's election not to participate in the SBP. However, even though his spouse signed the DD Form 2656 indicating she concurred with his decision to decline participation in the SBP, the form was not notarized as required. As a result, the Board recommends that the DD Form 2656 of the individual concerned be amended to show he and his spouse signed the form in a timely manner declining to...
ARMY | BCMR | CY2010 | 20100018920
Section XII (SBP Spouse Concurrence) of the DD Form 2656 instructs the applicant that "SBP spouse concurrence is required when a member is married and elects child(ren) only coverage, does not elect full spouse coverage, or declines coverage. The evidence of record shows that prior to his retirement on 31 May 2010, the applicant and his wife elected to decline participation in the SBP with a notarized DD Form 2656, dated 30 March 2010. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2011 | 20110021185
The applicant provides: * DD Form 2656 (Data for Payment of Retired Personnel), dated 2 March 2011 * SBP Spouse Election Concurrence Statement, dated 8 March 2011 * Retiree Account Statement, dated 29 September 2011 * letter of explanation/correction request, dated 14 October 2011 CONSIDERATION OF EVIDENCE: 1. By law, his spouse was required to authenticate this form on or after the date he made this election but prior to the date of retirement. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080019169
The applicant requests, in effect, that her records be corrected to show she elected, with her spouse's concurrence, not to participate in the Survivor Benefit Plan (SBP) and reimbursement of SBP premiums deducted from her retired pay. Evidence of record shows that the applicant declined SBP coverage on 12 May 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the applicant's spouse concurred with her...
ARMY | BCMR | CY2010 | 20100029388
The spouse's signature MUST be notarized] of the DD Form 2656 is neither signed by his spouse to indicate her concurrence or non-concurrence with his election nor by a witness and/or retirement services officer. The evidence of record shows he retired on 13 July 2009 by reason of temporary disability. By law, his spouse was required to authenticate this form on or after the date he made this election but prior to the date of retirement.
ARMY | BCMR | CY2011 | 20110012267
The evidence of record shows that prior to his retirement on 31 December 2010, the applicant and his wife elected to decline participation in the SBP with a duly witnessed and notarized DD Form 2656, dated 21 December 2010. In the interest of equity and justice, his records should be corrected to show he elected not to participate in the SBP with his spouse's concurrence prior to the date of his retirement. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120022350
However, the date she signed was after the date of her spouse's signature on the Spouse SBP Election Concurrence Statement. By law, her spouse was required to authenticate this form on or after the date she made this election but prior to the date of her retirement. Therefore, in the interest of equity, the applicant's records should be corrected to show she elected not to participate in the SBP with her spouse's concurrence and reimbursing her for any excess SBP premiums paid.
ARMY | BCMR | CY2011 | 20110012530
The applicant provides: * DD Form 2656 (Data for Payment of Retired Personnel) * SBP Spouse Election Concurrence Statement * Retiree Account Statement CONSIDERATION OF EVIDENCE: 1. The applicant's Retiree Account Statement, dated 9 March 2011 (effective 1 April 2011), shows an SBP deduction for spouse coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant accurately completed the DD Form 2656,...