IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150003093 


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 records to show she elected not to participate in the Survivor Benefit Program (SBP).

2.  The applicant states, in effect:

* she was unmarried at the time of her retirement on 1 October 2013
* she later married in January 2014 and, when she reported her marriage to the Defense Finance and Accounting Service (DFAS), she was improperly advised on how to complete her DD Form 2656-6 (SBP Election Change Certificate)
* she, with her spouse's concurrence, chose not to participate in SBP, however, because she checked "Marriage" in box 8, Section III (Conditions that Trigger Eligibility to Change Coverage), DFAS initiated SBP coverage
* when she called DFAS she was told the only way to change what had occurred was to submit a request to the Board

3.  The applicant provides:

* memorandum, dated 4 February 2015, signed by the Military Personnel/Awards Noncommissioned Officer (NCO) for the Montana Army National Guard (MTARNG)
* notarized statement from the applicant's spouse, dated 4 February 2015
* DD Form 2656-2 (BACK) (SBP Termination Request), signed by the applicant on 4 February 2015
* DD Form 2656-6, signed by the applicant on 14 February 2014
* DFAS-CL 7220 (Retiree Account Statement (RAS)), dated 22 January 2015, with an effective date of 27 February 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show her date of birth is 17 May 1965.  After prior service in the Regular Army and the U.S. Army Reserve, records indicate she enlisted in the MTARNG on 23 September 1991.  On 20 October 1997, she was ordered to full-time National Guard duty (FTNGD).  

2.  On 17 June 2005, the MTARNG issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  She completed a DD Form 2656-5 (Reserve Component SBP (RCSBP) Election Certificate) wherein she deferred her decision on RCSBP until age 60.

3.  The applicant retired on 30 September 2013 and was placed on the Retired List on 1 October 2013 by reason of sufficient service for retirement.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 15 years, 11 months, and 11 days of net active creditable service, with 4 years, 9 months, and 16 days of prior active service, and 7 years, 5 months, and 11 months of prior inactive service.  This regular retirement entitlement rendered her RCSBP eligibility moot as she was then entitled to make an SBP election.

4.  An email from DFAS confirmed the following:

* the applicant's account currently shows she declined SBP coverage effective 6 March 2015; no premiums are being deducted at this time
* at her retirement, the applicant's account listed no beneficiary
* when she reported her marriage, 1 month (and only 1 month) of SBP premiums was deducted
* SBP coverage stopped in March 2015 based upon the receipt of further documentation clarifying the applicant had declined coverage
* there is no indication in her account showing that 1 month's premium was returned to her

5.  The applicant provides:

	a.  DD Form 2656-6, signed 14 February 2014 wherein the applicant has checked box 8 (Marriage) within Section III.  She reported her date of marriage as 18 January 2014.

	b.  A notarized statement from the applicant's spouse, dated 4 February 2015, which essentially affirms she does not want SBP coverage.

	c.  Memorandum, dated 4 February 2015, signed by the Military Personnel/Awards Noncommissioned Officer (NCO) for the MTARNG, in which she acknowledges it was a mistake to have the applicant check box 8 of Section III, DD Form 2656-6.  

	d.  A DD Form 2656-2, signed 4 February 2015, which shows the applicant (with her spouse's concurrence) sought to terminate SBP coverage.

	e.  RAS, showing a New Pay Due date as of 27 February 2015, shows a deduction for an SBP premium

6.  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.  

7.  Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement, but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.  Three options are available:  (A) elect to decline enrollment and choose at age 60 whether to start SBP participation, (B) elect that a beneficiary receive an annuity if they die before age 60, but delay payment of it until the date of the member's 60th birthday, or (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her record to show she opted not to enroll in SBP.  She asserts that because of inaccurate advice, she incorrectly completed her election form after her marriage and added spouse coverage by mistake.  Based on this mistake, DFAS began deducting SBP premiums.  

	a.  In addition to providing supporting documents, she provides a memorandum from the NCO who provided the inaccurate information and a notarized statement from her spouse who affirms both she and the applicant do not wish to be enrolled in SBP and did not intend to add her as a spouse for SBP purposes when signing her up for DEERS.

	b.  DFAS has confirmed they deducted an SBP premium for 1 month.  This was discontinued once they were aware the applicant had declined coverage.
2.  The preponderance of the evidence supports that the applicant and her spouse never intended to enroll in SBP.  It was the result of an error that the SBP premium was deducted by DFAS.  Once they received notice of the applicant's election, the premium deductions were stopped.

3.  As a matter of equity, she is eligible to have her record corrected to show she did not enroll in SBP.

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 she did not elect to enroll in SBP.  Any SBP premiums she paid should be returned to her 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)                                         AR20150003093





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ABCMR Record of Proceedings (cont)                                         AR20150003093



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