IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140018129
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 her DD Form 2656 (Data for Payment of Retired Personnel) to show her spouse concurred with her election not to participate in the Survivor Benefit Plan (SBP) on 24 May 2013.
2. The applicant states:
* she elected not to participate in the SBP on her DD Form 2656 submitted on 24 May 2013
* when she began receiving retired pay in July 2014 she noticed SBP premiums were taken from her check
* she was never informed of the technicality that the dates must match on the DD Form 2656
* her husband had the DD Form 2656 notarized and he brought it home
* she then completed the form, signed it, and dated it the following day
* dating the DD Form 2656 after her spouse's signature invalidated her request to decline SBP
* she and her husband are both retired Army officers and have other retirement plans
* they do not need SBP
* this error is very costly for a benefit she does not want
3. The applicant provides:
* letter from the Defense Finance and Accounting Service (DFAS), dated 13 August 2014
* notarized statement from her husband, dated 7 October 2014
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 16 June 1954. Having prior active enlisted service in the Regular Army, she was commissioned as a second lieutenant in the U.S. Army Reserve on 5 August 1983. She was appointed in the Army National Guard (ARNG) on 9 December 1996. She was promoted to lieutenant colonel effective 4 May 2001.
2. Her records contain a DD Form 1883 (SBP Election Certificate), dated 27 December 2002, which shows she elected option A (Defer elect to decline enrollment and choose at age 60 whether to start SBP participation).
3. She was honorably discharged from the ARNG on 31 May 2004.
4. She provided a DD Form 2656 which shows she elected not to participate in the SBP on 24 May 2013. Item 32a (Spouse/Signature) of this form shows her spouse concurred with her election on 23 May 2013.
5. On 16 June 2014, she was placed on the Retired List in the rank of lieutenant colonel.
6. She provided a letter from DFAS, dated 13 August 2014, which states:
* that office cannot process her SBP request because her original election received on 29 July 2014 was invalid
* her spouse signed prior to her; therefore, her current SBP must remain as spouse and child
7. She provided a notarized statement, dated 7 October 2014, from her spouse which states:
* he was aware and in favor of his spouse not enrolling in SBP
* they both signed the form declining the benefit; however, the request was denied since he dated the form one day earlier
* they were not informed of that decision until his wife started receiving her retired pay
* he requests amendment of his wife's records to show she declined the SBP and restoration of her retired pay without deductions for SBP premiums
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.
9. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a 1-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. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant elected not to participate in the SBP on 24 May 2013 and her spouse concurred with her election on 23 May 2013. However, since her spouse signed the DD Form 2656 1 day prior to her signature, the DD Form 2656 was deemed invalid by DFAS.
2. Since her spouse concurred with her election not to participate in the SBP in May 2013 and he provided a notarized statement in October 2014 again concurring with her election not to participate in the SBP, it would be equitable to correct her records to show her spouse concurred with the SBP election shown on her DD Form 2656, dated 24 May 2013.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 her spouse gave his notarized concurrence with her election not to participate in the SBP on her DD Form 2656, dated 24 May 2013.
_______ _ 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) AR20140018129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140018129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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