DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11855-10
31 March 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(N135C) memo of 14 Jan 11
(3) Statement ee the Defense
Finance Accounting Center on 16 Sept 2009
(4) Notarized DD Form 2656-2 Survivor Benefit Plan Termination
Request of 15 Sept 10
(5) Defense Finance and Accounting Service Retired and Annuity
Pay ltr of 31 Dec 09
(6) Defense Finance and Accounting Service Retired and Annuity
Pay ltr of 6 Oct 10
1. 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.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on 14
February 2011 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.
Docket No. 11855-10
b. Petitioner transferred to the Fleet Reserve on 31 August
2007. At the time of his retirement, he was married and elected
“spouse and child” Survivor Benefit Plan (SBP) coverage at the maximum
amount .
e. Under the regulations governing the SBP program, an election
to enroll is permanent and irrevocable with one exception. A
participant may voluntarily elect to discontinue participation in the
SBP during the 25th through the 36th month after commencement of
payment of retired pay. Spouse concurrence is required, no costs are
refunded, and no future enrollment is allowed. To discontinue
participation in the plan, a participant must complete a DD Form 2656-
2. The form must be received by the Defense Finance and Accounting
Service during the 25th through the 36th month after commencement of
payment of retired pay.
d. Petitioner alleges that he requested to have his SBP
terminated with spousal concurrence within the 25°" and 36‘? month
period as required by law. He stated that he sent the request to the
Defense Finance Accounting Service (DFAS) via a hand written note on
16 September 2009, enclosure (3).
e. DFAS replied to Petitioner’s request on 31 December 2009,
stating that his application to terminate from SBP must be made on the
DD Form 2656-2, SBP termination form, in order for his request to
terminate to be accepted, enclosure (4).
f. Petitioner sent in the DD Form 2656-2, termination form on 15
September 2010, with spousal concurrence, enclosure (5).
g. DFAS responded on 6 October 2010, stating that Petitioner
passed the deadline and was no longer eligible to terminate him from
SBP coverage, enclosure (6).
h. By enclosure (2), the SBP Program Manager recommended that no
relief be granted, stating "QM cid not request
termination within the time period established by law.” Therefore, he
is not entitled to terminate from the program.
CONCLUSION:
Upon review and consideration of all the evidence in the record, the
Board concludes that Petitioner’s request warrants favorable action.
The Board understood and carefully considered the comments made in
enclosure (2). However, the Board found that the following factors
militated in favor of relief. Petitioner requested to terminate from
the SBP program within the 25" and 36" month time frame. Although the
request was not submitted properly, the Board believed that he and his
spouse’s intent was to terminate from the program during the required
time frame. The Board also noted that Petitioner was only 15 days
late in submitting the proper DD Form 2656-2 to terminate SBP coverage
Docket No. 11855-10
with spousal concurrence and that the amount of time that passed was
relatively short, and the burden on the agency of granting the request
is small compared to the financial burden of Petitioner. For these
reasons, the Board finds that, as an exception to policy, Petitioner’s
request should be granted favorable action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner executed a written request to terminate SBP
coverage for “spouse and child”, on 1 August 2010, within the 25™ and
36™" month, with spousal concurrence.
b. That a copy of the Report of Proceedings, be filed in the
Petitioner’s naval record.
a 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.
ptlnd eC
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
\
W. DEAN PPEIRRE
Executive Di t
Reviewed and approved: 4/9/
(f
ROBERT L. WOODS
Assistant Genera! Counsel
(Manpower anc Reserve Affairs)
4000 Navy Pentagon, Rr 40548
Washington, DC 20350-1000
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...
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...
ARMY | BCMR | CY2011 | 20110013810
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Defense Finance and Accounting Service (DFAS) provided a DD Form 2656 (Data for Payment of Retired Personnel) signed by the applicant on 6 April 2011. The DD Form 2656 provided by DFAS clearly shows the applicant elected SBP spouse only coverage based on the full amount of his retirement pay.
ARMY | BCMR | CY2014 | 20140011356
The applicant requests to withdraw from the Survivor Benefit Plan (SBP). The applicant states when he attended his retirement briefing in August/September 2013 he was married to Ewa and he was told she would be included on his SBP. The applicant provides: * Final Judgment and Decree of Total Divorce, dated 15 November 2013 * certificate of marriage, dated 20 November 2013 * Spouse SBP Election Concurrence Statement, dated 22 May 2014 CONSIDERATION OF EVIDENCE: 1.
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 | 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,...
ARMY | BCMR | CY2008 | 20080011716
The applicant requests, in effect, correction of his records to show he elected not to participate in the Survivor Benefit Plan (SBP) with his spouse's concurrence. By doing so, he also acknowledged he had been counseled that he can terminate SBP participation, with his spouse's written concurrence, within one year after the second anniversary of commencement of retired pay. Completion of Section XI (SBP Spouse Concurrence) of DD Form 2656 is required when a service member is married and...
ARMY | BCMR | CY2012 | 20120009842
A letter from the DFAS Retired and Annuitant Pay Department, dated 27 January 2012, shows the applicant was advised in accordance with the Physical Disability Board of Review's recommendation his military record had been corrected to reflect that he was placed on the Permanent Disability Retired List effective 9 October 2009. The law allows a participating member to elect to discontinue participation by submitting a DD Form 2656-2 during the period that is more than 2 years but less than 3...
ARMY | BCMR | CY2015 | 20150002751
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states he was medically retired from the Army on 26 December 2013. The portion of a VA rating decision he provided that increased his PTSD rating to 100% specifically stated the medical evidence showed he was competent to manage his financial affairs.
NAVY | BCNR | CY2014 | NR1840 14
_ BPE RS DEPARTMENT OF THE NAVY BEOOre™s BOARD FOR CORRECTION OF NAVAL RECORDS 761 S COURTHOUSE RD SUITE 1001 ARLINGTON VA 22204-2490 BAN Docket No.NRO1840-14 27 October 2014 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW_OF NAVAL RECORD ICO q Ref: {a) Title 10 U.S.C. 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, as...