BOARD DATE: 10 August 2010 DOCKET NUMBER: AR20100000731 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show that he stopped his participation in the Survivor Benefit Plan (SBP). 2. The applicant states he did not know and was not told that payments for SBP would be deducted from his retired pay. 3. The applicant provides a copy of his DD Form 2656 (Data for Payment of Retired Personnel), dated 28 May 2009; and his Retiree Account Statement, effective 2 December 2009. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was a sergeant first class (SFC)/ pay grade E-7, retired from the Regular Army. 2. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2009 shows he was retired due to sufficient service for retirement. He had completed 20 years and 19 days of creditable active service. 3. A DD Form 2656 shows he elected SBP coverage for his spouse only based on his full gross pay. Item 30 shows he certified that he was counseled that he could terminate SBP participation within one year after the second anniversary of commencement of retired pay provided his spouse concurred. The form was signed and concurrently witnessed by the Fort Riley Retirement Services Officer on 28 May 2009. 4. The applicant's Retiree Account Statement, effective 2 December 2009, shows an SBP cost of $123.63 per month, effective 4 January 2010. 5. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP 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. 6. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP. The spouse’s concurrence is required. No premiums will be refunded to those who opt to disenroll. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he did not know and was not informed that the SBP required a monthly premium. 2. The evidence clearly shows the applicant elected SBP coverage for his spouse based on his full gross pay. Furthermore, he has been enrolled in the SBP since the date of his retirement. 3. There is no independent evidence available supporting the applicant's contention that he did not know about the monthly premium. He signed the DD Form 2656 certifying he was counseled about the conditions for disenrollment from SBP. 4. The applicant's retired pay commenced on 1 September 2009. He will have a 1-year period beginning on 1 September 2011 in which to terminate his SBP enrollment, provided his spouse concurs. He is encouraged to contact the nearest Retirement Services Office for more information prior to making his decision. 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 I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100000731 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000