IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018353
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 his participation in the Survivor Benefit Plan (SBP).
2. The applicant states the SBP was not explained fully during his briefings. He did not understand that he would be paying almost $300 per month for the premiums. They have life insurance and do not want SBP coverage. They can't afford it and cannot pay the premiums for 24 months.
3. The applicant provides a DD Form 2656-2 (SBP Termination Request).
CONSIDERATION OF EVIDENCE:
1. On 30 September 2014, the applicant retired from the Regular Army in the rank/grade of sergeant major/E-9.
2. Records provided by the Defense Finance and Accounting Service (DFAS) show the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel), dated 28 May 2014. He indicated he was married and he had dependent children. He elected to participate in the SBP for spouse and children coverage based on the full amount. He and a Retirement Services Officer (RSO)/SBP Counselor authenticated this form by placing their signatures in the appropriate blocks. Section XI (Certification) item 30 (Member) states, "Also, I have been counseled that I can terminate SBP participation, with my spouse's written concurrence, within 1-year after the second anniversary of commencement of retired pay. However, if I exercise my option to terminate the SBP, future participation is barred."
3. He provided a DD Form 2656-2 requesting termination of his SBP coverage. In Section 1 (Instructions), item 1 states, in part, that a participant in SBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay.
4. 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. The election must be made prior to the effective date of retirement or else coverage automatically defaults to spouse coverage, if applicable.
5. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage.
6. 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 the 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 of record shows the applicant submitted a DD Form 2656 wherein he elected to participate in the SBP for spouse/children based on the full amount in the presence of an RSO counselor.
2. There is nothing in his records and he provided nothing to show he was improperly counseled concerning SBP coverage. The decision to enroll or not enroll in the SBP is a personal decision made by the Soldier. The cost of SBP coverage is determined by several factors, most importantly the type of coverage elected. An RSO is not a financial counselor.
3. The evidence of record confirms the applicant's SBP election is correctly recorded in his military service records. There is insufficient evidence to show an error or an injustice occurred. As such, he is not entitled to correction of his records to show he rescinded his election to participate in the SBP.
4. The applicant is advised that retirees have a 1-year period beginning on the second anniversary of the date on which retired pay started to withdraw from SBP. However, the spouse's concurrence is required and no premiums will be refunded to those who opt to disenroll. The applicant may obtain a copy of a DD Form 2656-2 from the Official Department of Defense Issuances (Forms Management Program) website at http://www.dtic.mil and submit it directly to DFAS during the period authorized by law.
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) AR20130001074
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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