RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060014989 


	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.  


x
	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, in effect, that his Survivor Benefit Plan (SBP) election be changed from child only coverage, full base amount, to child only coverage at a reduced threshold amount.

2.  The applicant states he was never briefed on a reduced/threshold amount during his SBP briefing.  He states the DD Form 2656 (Data for Payment of Retired Personnel) can be confusing on which block to check.  After the SBP brief, he was told to sign [the DD Form 2656] and his wife signed the form.  He looked into changing his election during an Open Season.  He found out that the only thing he could do was take full SBP and would have to pay in over $12,000.00.  In effect, he states that he was never briefed properly and he should be able to participate at the threshold amount without any penalties.   

3.  The applicant provides a copy of his DD Form 2656.

CONSIDERATION OF EVIDENCE:

1.  The applicant was married on 4 October 1980.  After having had prior enlisted service in the Regular Army, he was appointed as a Reserve warrant officer on 29 September 1989.  He was promoted to Chief Warrant Officer Two (CW2) on 29 September 1991.

2.  The applicant was appointed in the Regular Army on 25 November 1996 as a promotable CW2.  He was promoted to Chief Warrant Officer Three (CW3) on 1 September 1997.  

3.  The applicant completed a DD Form 2656 on 30 December 1999.  His DD Form 2656 shows he is married.  He placed an “X” in Block 28c indicating he elected to participate in the SBP for children only coverage.  He placed an “X” in Block 29a indicating he elected coverage to be based on full gross retirement pay.  His spouse signed the DD Form 2656 under Section VIII (Survivor Benefit Spousal Concurrence) to indicate that she concurred with the applicant’s decision to elect children only SBP coverage.

4.  Block 29b (Level of Coverage) on the applicant’s DD Form 2656 contains the entry “I elect coverage with a reduced base amount of $ __________.”

5.  The applicant retired on 1 April 2000 in the rank of CW3.

6.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.

7.  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.  The applicant completed and signed a DD Form 2656 on 30 December 1999 and elected participation in the SBP for children only coverage.  He marked Block 29a on the DD Form 2656 for full gross pay coverage.  His spouse concurred with his decision and she signed under Section VIII.

2.  Aside from his own assertions, there is no evidence of record which indicates the applicant was improperly briefed regarding SBP coverage.  His DD Form 2656 clearly indicates in Block 29b that he could have elected SBP coverage with a reduced base amount.  This block could have triggered any questions he may have had concerning costs or types of election options available to him.  Therefore, there is an insufficient basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____ x______  x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



x_________
          CHAIRPERSON


INDEX

CASE ID
AR20060014989
SUFFIX

RECON
YYYYMMDD
DATE BOARDED

TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
137.0000
2.

3.

4.

5.

6.