DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11316-09.
13 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO qs
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachmente
(2) Deputy Director Casualty Assistance Division (N135C)
of 9 Feb 2010
(4) DD Form 265 pril 2009), dtd 22 July 2009
(5) Service Record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to that he declined Survivor Benefit Plan (SBP) coverage, with spousal
concurrence at the time of his retirement in August 2008.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on
8 March 2010 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner's allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. Petitioner married Gina Hern on 1 February 2002.
é
c. On 31 August 2008, Petitioner was transferred to the Fleet
Reserve. As part of the transition process, Petitioner was
automatically enrolled in the SBP because DFAS did not receive a valid
DD Form 2656 (SBP election form).
ad. After his retirement, Petitioner received periodic Retired
Account Statements which indicated that he was enrolled in the SBP
with spousal coverage.
e. In September 2008, one month after Petitioner retired, he
contacted his last command’s Personnel Support Detachment (PSD)
claiming that he was erroneously enrolled in the SBP program.
Petitioner stated that DFAS did not receive his original SBP election
form from PSD that he filled out when processing out of his command.
Therefore, he requested either a copy of his original SBP election
form or for PSD to resend the original declination form to DFAS,
{enclosure (3))}.
£. In July 2009, after 11 months of paying SBP premiums,
Petitioner submitted another DD Form 2656 to DFAS seeking to decline
coverage for SBP, with spousal concurrence, (enclosure (4)).
g. By enclosure (2), Deputy Director Casualty Assistance
Division (N135C), recommended that no relief be granted, stating
Petitioner was automatically enrolled in the SBP as a result of DFAS
not receiving a valid election, and that Petitioner can voluntarily
terminate his participation in the SBP program during the one-year
period beginning on the second anniversary of the date of commencement
of receiving retired pay.
CONCLUSION:
Upon review and consideration of all the evidence in the record, the
Board concludes that Petitioner’s request warrants favorable action.
The Board determined that Petitioner made a reasonable effort to
cancel his SBP coverage with spousal concurrence within one-year.’ The
Board noted the email between the Petitioner and his separation PSD
ene month after he retired stating that he wished to decline SBP
coverage. Additionally, the Board believed that Petitioner wanted to
resolve the issue by either having PSD resend the DD Form 2656 to DFAS
or by sending the original DD Form 2656 back to him so that he could
send it to DFAS directly. Finally, the Board noted the second DD Form
2656 dated 22 July 2008, was itself within the one-year deadline to
make any changes. Accordingly, the Board concludes that the record
should be corrected to show that Petitioner declined SBP coverage with
spousal concurrence prior to the date of his retirement.
Under Title 10 U.S. Code Section 1454, “The Secretary concerned may, under
regulations prescribed..correct or revoke any election..when the Secretary
considers it necessary to correct an administrative error”.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner submitted a timely written request, declining SBP
coverage with spousal concurrence, prior to his retirement date of 31
August 2008.
b. Petitioner be refunded all SBP costs previously deducted from
his retired pay.
c. That a copy of the Report of Proceedings, be filed in the
Petitioner’s naval record.
4. Pursuant to Section 6{c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it is certified that quorum was present at the
Board's review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
HY
ROBERT D. ASALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
Reviewed and approved:
1/25 /0
Assistant General Counsel
(Manpower and Reserve Affairs)
NAVY | BCNR | CY2013 | NR3501-13
Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that prior to Petitioner’s retirement on 30 August 2012, he declined Survivor Benefit Plan (SBP) coverage with spousal concurrence. Docket No.NRO3501-13 b. Petitioner and his spouse married on on prior to the of his retirement, he submitted a DD Form 2656-2 (SBP Termination Request) seeking to decline SBP coverage. c,...
NAVY | BCNR | CY2014 | NR3251 14
Therefore, when Petitioner started to receive his retired pay, he noticed a payment being made for SBP “spousal” coverage for $262.08, enclosure (4). On 23 December 2013, DFAS notified Petitioner stating that “(DFAS does] not have the authority te change the invalid election without authorization from the Board for Correction of the Navy", enclosure (5).° e. On 2 January 2014, Petitioner submitted a request to the BCNR, as directed by DFAS. As part of the package, Petitioner submitted a...
NAVY | BCNR | CY2010 | 11855-10
Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner submitted a timely written request to terminate Survivor Benefit Plan (SBP) coverage for spouse and child during the one-year period beginning on the second anniversary of the date of commencement of receiving retired pay. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner’s...
NAVY | BCNR | CY2014 | NR1945 14
Pursuant to the provisions of reference (a) Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that prior to his transfer to the retirement list on 31 August 2009, he declined Survivor Benefit Plan (SBP) category of coverage with spousal concurrence. e. On 17 November 2011, Petitioner stated he submitted a valid and timely request using the DD Form 2656, to the Defense Finance Accounting Service (DFAS) within the 25t...
ARMY | BCMR | CY2010 | 20100021362
The applicant states that on or about 21 July 2008 he completed a DD Form 2656 (Data for Payment of Retired Personnel) at the Army Retirement Services Office (RSO) at Fort Irwin, CA declining enrollment in the SBP. The RSO sent his wife a "Spouse Concurrence Letter Decline SBP," dated 21 July 2008, and a Spouse SBP Election Concurrence Statement via FedEx. The letter to the applicant's wife would not have been sent if he had not already completed a DD Form 2656.
NAVY | BCNR | CY2012 | 08345 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §, COURTHOUSE ROAD, SUITE 7 004 ARLINGTON, VA 22204-2490 pyc Docket No. 8345-12 27 Aug 13 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy x Ref: {a) Title 10 U.9.c. The Board, consisting of Mr. Pfeiffer, Mr. Zsaiman, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 26 Bugust 2013 and, pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2013 | NR2537 13
Pursuant to the provisions of reference (a) Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that prior to her transfer to the retirement list on 29 July 2012, she declined Survivor Benefit Plan (SBP) category of coverage for “spouse” with spousal concurrence. Additionally, in the Petitioner's response to the A/O, she again asserts that she was not counseled prior to her retirement date that the SBP election...
NAVY | BCNR | CY2013 | NR3406 13
Pursuant to the provisions of reference (a} Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the Petitioner declined enrollment in the Survivor Benefit Plan (SBP). NR3406-13 d. Petitioner submitted a DD Form 2656 (SBP election) to DFAS dated 9 November 2012 signed by the Petitioner and his spouse declining SBP Spouse coverage. e. On 21 March 2013, the Petitioner submitted a DD...
NAVY | BCNR | CY2014 | NR7204 14
Furthermore, the Petitioner's. CONCLUSION: Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (2), the Board finds the existence of an injustice warranting corrective action. Furthermore, the DD Form 2656 was completed prior to Petitioner's retirement.
ARMY | BCMR | CY2011 | 20110011348
The evidence of record confirms the applicant elected spouse and children SBP coverage at a reduced base amount at the time of his retirement from military service. SBP premiums are deducted from a members retired pay. Therefore, based on the lack of SBP counseling received at the time of retirement, the applicant's record should be corrected in the interest of equity and justice, to show he declined participation, with his wife's concurrence, in the SBP which would also result in the...