RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2008 DOCKET NUMBER: AR20070014006 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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 that his records be corrected to show he elected not to participate in the Survivor Benefit Plan (SBP). 2. The applicant states, in effect, that he and his spouse did not elect to participate in the SBP. He adds that his wife was deployed and he had to mail her the DD Form 2656 (Data for Payment of Retired Personnel) to sign. The applicant continues that his spouse signed the form on 10 August 2007. 3. The applicant continues that the Defense Finance and Accounting Service (DFAS) deducted SBP premiums from his monthly retired pay. 4. The applicant provides a copy of his DD Form 2656, dated 17 August 2007; a DFAS-CL 7220/148 Form (Retiree Account Statement), dated 12 September 2007; and U.S. Army Human Resources Command, St. Louis, Missouri, Orders P09-791106, dated 11 September 2007, in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant's military record shows he completed 20 or more years of qualifying service in the Reserve, reached age 60 and retired on 1 August 2007 in the rank of Master Sergeant. 2. The applicant provided his DD Form 2656, dated 17 August 2007, which shows he and his spouse signed the form indicating in item 26g to elect not to participate in SBP. 3. The applicant's DFAS Summary of Retired Pay Account, dated 12 September 2007, shows that SBP coverage type is for "spouse only." It also shows that DFAS acknowledges not having any beneficiary information for his spouse on file in his computerized pay account. 4. Public Law 92-425, the SBP, enacted 21 September 1972, shows that an election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married), unless the spouse provides a written concurrence to decline. 5. 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 contends he and his spouse elected to decline to participate in SBP coverage in August 2007. The applicant also contends that his record should be corrected to terminate all SBP annuity payments from his military retirement pay. 2. The applicant stated that he and his spouse intended to decline spouse coverage prior to his retirement on 1 August 2007. However, based on the applicant's wife being deployed, there was an apparent delay in submitting his DD Form 2656. 3. Based on the applicant's statements that his spouse was deployed, he contends that he had to wait for the DD Form 2656 to be returned by mail, which showed her signature and concurrence with declining SBP coverage. It is apparent that due to no fault of applicant, he was forced to sign and date the DD Form 2656 on 17 August 2007. However, in the interest of compassion, the statements and documents submitted by the applicant are accepted as sufficient evidence to amend the applicant's records to show he declined enrollment in the SBP for spouse coverage, thereby requiring no deduction in his retirement pay. 4. Therefore, as a matter of equity and based on the facts of this case, it would be equitable to correct his records to show he elected not to participate in the SBP "spouse coverage," with his spouse's concurrence, prior to his retirement date. BOARD VOTE: ____x____ __x_____ __x____ 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 correcting his DD Form 2656 to show he elected not to participate in the SBP for spouse coverage with his spouse's concurrence, on 31 July 2007 and to refund him any SBP premiums deducted from his retired pay as a result of this correction. ___________X___________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070014006 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET, 2ND FLOOR ARLINGTON, VA 22202-4508