IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150002099
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, in effect, correction of his military records to show he and his spouse elected not to participate in the Survivor Benefit Plan (SBP), and a refund of all payments.
2. The applicant states his medical retirement from the U.S. Army Reserve (USAR) was received via electronic mail. He did not process out of his unit nor did he receive SBP counseling. He further states Defense Finance and Accounting Service records show he was automatically enrolled in the SBP. He is not receiving a retirement from the Army because of the amount of money he receives from the Department of Veterans Affairs. He claims it does not make sense for him to participate in the SBP and if he had been given the opportunity he would have chosen not to participate in the SBP.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Evidence shows the applicant married his spouse M______ on 22 May 1996.
2. Having prior service in the U.S. Air Force, the applicant enlisted in the USAR on 10 March 2008.
3. On 12 March 2014, an informal physical evaluation board found the applicant was physically unfit and recommended a rating of 40 percent and that his disposition be permanent disability retirement. The reason for his disability relates to issues with his back.
4. On 21 May 2014, the applicant was released from assignment and duty in the rank/grade of specialist/E-4 due to physical disability incurred while entitled to basic pay and under conditions that permitted his retirement for permanent physical disability. At that point, his SPB coverage defaulted to spouse coverage.
5. On 1 July 2014, the applicant completed a DD Form 2656 (Data for Payment of Retired Personnel) at Spangdahlem Air Base, Germany, indicating that he elected full SBP coverage for his spouse. Item 32a (Spouse Signature) of his DD Form 2656 does not contain the signature of the applicant's spouse indicating that she concurred with the SBP election he made. However, her concurrence was not required because the applicant opted for full SBP coverage.
6. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
7. 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.
8. Department of Defense Financial Management Regulation, volume 7B, chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage based on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. When the spouse's concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses.
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 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 applicant's request to disenroll from the SBP was carefully considered.
2. Notwithstanding the applicant's contention, the evidence of record shows on 1 July 2014, the applicant elected to participate in the SBP and provide full coverage for his spouse. This essentially shows that his intent was consistent with the automatic enrollment that had previously occurred.
3. Further, the applicant is advised that if he were to die under circumstances that did not qualify his spouse for Dependency and Indemnity Compensation (DIC), from the Department of Veterans Affairs, his spouse would, in fact, receive an SBP annuity. He is not paying for a non-existent benefit.
4. The applicant became eligible to draw retired pay on 21 May 2014. Therefore, he will have a 1-year period beginning on 21 May 2016 in which to terminate his SBP enrollment. He is encouraged to contact the nearest Retirement Services Office prior to making his decision for more information.
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 that 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) AR20150002099
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002099
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018650
The applicant requests his DD Form 2656 (Data for Payment of Retired Personnel) be corrected to show his spouse concurred with his election not to participate in the Survivor Benefit Plan (SBP) on 12 December 2012. Since his spouse concurred with his election not to participate in the SBP, it would be equitable to correct his record to show his spouse concurred with the SBP election shown on his DD Form 2656 on 12 December 2012. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140018353
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. He provided a DD Form 2656-2 requesting termination of his SBP coverage. 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.
ARMY | BCMR | CY2014 | 20140009505
The applicant requests, in effect, correction of his military records to show he and his spouse elected not to participate in the Survivor Benefit Plan (SBP). This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage based on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. The evidence shows that on 2 December 2013, the applicant elected to...
ARMY | BCMR | CY2013 | 20130010128
The applicant provides: * Letter from DFAS, dated 4 April 2013 * DD Form 2656-2, dated 5 March 2013 * Letter from DFAS, dated 10 May 2013 * Notification of Eligibility for Retired Pay at Age 60 (20-year letter) * DD Form 1883 (SBP Election Form) CONSIDERATION OF EVIDENCE: 1. Public Law 106-398, dated 30 October 2000, requires that upon receipt of the 20-year letter, a qualified Reserve Component member who is married will automatically be enrolled in the RCSBP under option C (spouse and...
ARMY | BCMR | CY2013 | 20130012738
The applicant requests, in effect, correction of his records to show he declined participation in the Survivor Benefit Plan (SBP) at the time he was placed on the Temporary Disability Retired List (TDRL). 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 provided less than maximum spouse SBP coverage. The applicant claims he and his spouse signed a DD Form 2656 electing not to participate in...
ARMY | BCMR | CY2013 | 20130010501
IN THE CASE OF: BOARD DATE: 18 March 2014 DOCKET NUMBER: AR20130010501 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant claims he and his spouse signed a DD Form 2656 electing not to participate in the SBP; however, the applicant has not provided such a form and DFAS contends that none was received. Since he failed to provide sufficient evidence to show he and his spouse opted out of participation in the SBP and he has the option of terminating his SBP participation beginning...
ARMY | BCMR | CY2014 | 20140019285
IN THE CASE OF: BOARD DATE: 6 August 2015 DOCKET NUMBER: AR20140019285 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 27 March 2014, the retirement service office (RSO) at Fort Knox dispatched a certified letter by mail to the applicants spouse along with a Spouse SBP Concurrence Statement and instructions to complete and return it no later than 1 September 2014. The statement provided by the applicants spouse indicates he returned the Spouse SBP Concurrence Statement in April 2014...
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 | CY2014 | 20140012517
On 22 May 2012, the U.S. Army Physical Disability Agency (PDA) provided the applicant a DD Form 2656 and advised him to proceed to the nearest Retirement Services Officer (RSO) for assistance in completing the form. The evidence of record shows that the applicant was originally determined to be 20% disabled and was recommended for discharge with severance pay or transfer to the Retired Reserve to await his non-regular retired pay. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140021486
Since he was not serving on active duty at the time his disability retirement orders were published on 23 May 2013 and it is not known when those orders were received, it is reasonable to presume that he did not participate in standard retirement briefings between that date and the effective date of his retirement on 27 June 2013, 1 month and 5 days later. It would be appropriate to correct the applicant's records to show he submitted a DD Form 2656 declining SBP coverage on 26 June 2013, 1...