RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014201 


	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

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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

2.  The applicant states, in effect, that she and her spouse elected not to participate in the SBP at the time of her retirement in 2003 and would like to be reimbursed for all monies deducted from her retirement pay for SBP premiums. 

3.  The applicant provides copies of her Data for Payment of Retired Personnel (DD Form 2656), dated 29 September 2003 and 24 September 2003; and sworn statements from her spouse, dated 27 September 2006; and from the Transition Specialist, dated 25 September 2006.

CONSIDERATION OF EVIDENCE:

1.   On 1 October 2003, the applicant retired from the Regular Army as a staff sergeant, pay grade E6.  

2.  The original DD Form 2656, dated 29 September 2003, shows that the applicant had elected not to participate in the SBP.   Her spouse concurred, signing the form on 24 September 2003, 5 days prior to the retiring applicant. 

3.  The corrected DD Form 2656, dated 24 September 2003, shows that both the applicant and her spouse signed the form on 24 September 2003.  The spouse again concurred with not participating in the SBP.

4.  On 25 September 2006, the Transition Specialist signed a Memorandum for Record indicating that it was never the intention of either the applicant or her spouse to participate in the SBP.  A deduction for SBP is being taken out of the applicant's retired pay.  The first DD Form 2656 was invalidated because the spouse's signature predated the applicant's.  A second DD Form 2656 was processed according to instructions from the Defense Finance and Accounting Service, but it too was invalid because the Transition Specialist did not sign as witness to the signatures of the applicant and spouse. 

5.  On 27 February 2006, the applicant's spouse provided a sworn statement indicating that he elected to not participate in the SBP at the time of the applicant's retirement and still declines to participate in the program.



DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant elected to not participate in the SBP and her spouse concurred.  

2. The Transition Specialist stated that deductions are being taken from the applicant's retired pay for the SBP. 

3.  As a matter of justice, the applicant's records should be corrected to show that she did not elect to participate in the SBP and that her spouse concurred with this decision.  Furthermore, all monies deducted from her retired pay for the purpose of paying SBP premiums, should be reimbursed.

BOARD VOTE:

__EM ___  __CLG__  __MJF __  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 that the applicant elected to not participate in the SBP, with the concurrence of her spouse; and, that all monies deducted from her retired pay for the purpose of paying SBP premiums be reimbursed.  







__    Curtis L. Greenway____
          CHAIRPERSON




INDEX

CASE ID
AR20060014201
SUFFIX

RECON
 
DATE BOARDED
20070412 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
137.0400
2.

3.

4.

5.

6.