PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 July 2003                  
	DOCKET NUMBER:   AR2003084667

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected to show he and his spouse elected not to participate in the Survivor Benefit Plan (SBP).

3.  The applicant states that, on 18 June 2001, the retirement services officer at Fort Belvoir, VA, Mr. B___, counseled him and his spouse concerning the SBP.  Both of them elected not to participate in the SBP and signed the DD Form 2656 (Data for Payment of Retired Personnel).  On 19 June 2001, he went to Sergeant H___'s office to pick up his pre-final finance retirement paperwork.  Sergeant H___ had retyped the DD Form 2656, had him sign it, and signed as a witness.  He did not realize it overrode the previous form he and his spouse signed the day before.  He noticed that SBP premiums were taken out of his first retirement check.  Mr. B___ told him Sergeant H___ was not authorized to sign as a witness and he should contact the Defense Finance and Accounting Service to have the problem resolved.  He was finally directed to the Board for resolution.  His spouse provides her concurrence with his request to terminate the SBP.

4.  The applicant’s military records show that he enlisted in the Regular Army on 9 September 1981.

5.  On 18 June 2001, the applicant completed a DD Form 2656 with handwritten entries.  In section IX (Survivor Benefit Plan (SBP) Election), he elected not to participate in the SBP.  In section XI (SBP Spouse Concurrence), his spouse concurred in his SBP decision.

6.  On 19 June 2001, the applicant signed a typewritten DD Form 2656 which indicated he elected to participate in the SBP for spouse only coverage.

7.  The applicant retired on 1 October 2001.

8.  Public Law 92-425, the SBP, enacted 21 September 1972, 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.

9.  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 maximum spouse coverage 

CONCLUSIONS:

1.  The Board accepts the applicant's contention that he and his spouse intended to decline to participate in the SBP and only through a clerical error was the DD Form 2656 re-typed showing that he elected to participate.  He took steps within a reasonable period of time to resolve the problem.  His spouse concurs in his request to terminate the SBP.  His records should be corrected to show he elected not to participate in the SBP and that his spouse concurred in his decision.  He should be refunded any SBP premiums taken out of his retired pay.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant and his spouse completed a DD Form 2656 on 18 June 2001 declining to participate in the SBP and by voiding his DD Form 2656 dated 19 June 2001.

2.  That the applicant be refunded any SBP premiums taken out of his retired pay.

BOARD VOTE:  

__aao___  __ym____  _jpi____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian_
		        CHAIRPERSON

INDEX

CASE ID	AR2003084667	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	137.03	
2.		
3.		
4.		
5.		
6.