RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2007 DOCKET NUMBER: AR20060011849 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. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. James Vick Chairperson Mr. Patrick McGann Member Mr. Gerald Purcell Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his wife concurred with his Survivor Benefit Plan (SBP) election prior to his retirement. 2. The applicant states, in effect, that he chose not to participate in the SBP and that his wife was sent a form to fill out and send back to Fort Monmouth, New Jersey showing her concurrence. He contends that they were packing to move that week and that he and his spouse believed the spousal concurrence form was sent back to New Jersey. When he discovered that his first retirement check had the SBP amount deducted, his wife sent in another spousal concurrence form but did not back date it. 3. The applicant provides a notarized statement, dated 4 August 2006, from his spouse concurring with the applicant’s decision to terminate participation in the SBP. CONSIDERATION OF EVIDENCE: 1. Having prior active and inactive service in the U.S. Air Force, the applicant enlisted in the Army National Guard on 10 June 1988 and subsequently served on active duty. The applicant married on 5 January 2000. 2. The applicant's DD Form 2656, dated 2 May 2006, shows he is married. Section IX (Survivor Benefit Plan Election) on his DD Form 2656 shows he elected not to participate in the SBP. Section XI (SBP Spouse Concurrence (Required when member is married and elects children only coverage, does not elect full spouse coverage, or declines coverage)) on this DD Form 2656 is blank. 3. The applicant was placed on the retired list effective 1 July 2006. 4. On 20 July 2006, the applicant’s spouse concurred with the applicant’s SBP election (no survivor coverage for spouse or children). 5. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election must be made before the effective date of retirement, or coverage automatically defaults to spouse coverage (if applicable). 6. 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. DISCUSSION AND CONCLUSIONS: 1. Since the concurrence of the applicant’s spouse was dated 20 July 2006, after his retirement, the applicant was automatically enrolled in the SBP for spouse coverage as a default election. 2. Since the applicant’s spouse concurred with his election not to participate in the SBP, it would be equitable to correct her spousal concurrence form to show she concurred with his SBP election on 2 May 2006, and to correct his applicable records to show this form was accepted and processed by the appropriate office in a timely manner. BOARD VOTE: JV_____ _PM_____ _GP_____ 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 his spouse signed the spousal concurrence form on 2 May 2006 concurring with his election not to participate in the SBP and that this form was accepted and processed by the appropriate office in a timely manner. ______James Vick______ CHAIRPERSON INDEX CASE ID AR20060011849 SUFFIX RECON DATE BOARDED 20070424 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 137.0000 2. 3. 4. 5. 6.