IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004036 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 termination of his participation in the Survivor Benefit Plan (SBP). 2. The applicant states he did not know what he was signing when he cleared post. He was so eager to clear the station that he was not in the proper state of mind. Additionally, he was not receiving any payments and had zero contact with the Defense Finance and Accounting Service until he applied for Combat Related Special Compensation (CRSC). He found out he was enrolled in the SBP program when he applied for CRSC. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 26 August 2004 and held military occupational specialty 11B (Infantryman). The highest rank/grade he attained while serving on active duty was specialist/E-4. 3. His record contains a DD Form 2656 (Data for Payment of Retired Personnel), dated 12 February 2009, which shows that, after being counseled about the SBP, he elected coverage for "spouse only" based upon his full gross retired pay, in the presence of an SBP counselor who signed as the witnessing official. 4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was medically retired on 17 February 2009. 5. 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. 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. 7. Department of Defense Financial Management Regulation, volume 7B, chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage based on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. When the spouse's concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses. 8. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a 1-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from the 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 evidence of record shows the applicant submitted a DD Form 2656, wherein he elected to participate in the SBP for "spouse only" coverage, based on the full amount of his retired pay, in the presence of an SBP counselor. 2. The evidence does not show he was improperly counseled concerning SBP coverage. The decision to enroll or not enroll in the SBP is a personal decision made by a Soldier. The cost of SBP coverage is determined by several factors, most importantly the type of coverage elected. 3. The evidence confirms the applicant's SBP election is correctly recorded in his military service records. There does not appear to be an error or an injustice in this case. 4. When the applicant retired on 17 February 2009, he had a 1-year period beginning on the second anniversary of the date on which retired pay started to withdraw from SBP with his spouse's concurrence. However, he did not elect to withdraw from the SBP at that time. 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) AR20150004036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1