IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150008965 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150008965 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant, with spousal concurrence, elected the ?child only? Survivor Benefits Plan (SBP) option with adjustment to his retirement pay retroactive to the date of his first retirement check. __________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. IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150008965 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 his records be corrected to show his Survivor Benefits Plan (SBP) election as ?children only? and correction to his retired pay. 2. The applicant states he elected child only SPB coverage and his wife concurred with this decision; however, upon receiving his first retirement check he noticed that he was being charged for the spousal portion. They did not receive the official spousal consent form mailed to their home of record. Upon contacting the retirement office a new form was obtained and submitted. 3. The applicant provides copies of – * DD Form 2656 (Data for Payment of Retired Personnel) * 27 January 2015 Retirement Services Office letter to his spouse * a 24 March 2015 Non-Receipt of Spouse Concurrence * Retirement Account Statement * U.S. Postal System (USPS) tracking information sheet * Spouse SBP Election Concurrence Statement CONSIDERATION OF EVIDENCE: 1. The applicant, with Marine Corps, Army National Guard, and Regular Army service, retired, due to physical disability, on 22 March 2015. 2. On 27 January 2015, the applicant completed a DD Form 2656, stating he wished to have ?children only? coverage. This form was signed by an Army SBP Counselor. In block 32 (Spouse), there is no signature showing she concurred with her spouse?s decision. 3. On 27 January 2015, the applicant's wife was sent an SBP concurrence letter indicating her spouse declined SBP. In this letter she was advised that she must concur with his election or he would receive automatic spouse coverage SBP by law. The associated postal tracking form shows this letter was never claimed by the applicant or his spouse. There is no evidence that a second form or follow-up letter was sent to the applicant or his spouse. 4. On 24 March 2015, a Non-Receipt of Spouse Concurrence Statement was entered into the applicant's records. This meant the applicant had full SBP coverage for spouse and children. 5. The applicant received a May 2015 Retiree Account Statement showing that SBP costs for both spouse and children (full coverage) were being deducted from his retired pay. His spouse and two children were listed as beneficiaries. 6. On 13 May 2015, the applicant's spouse completed a Spouse SBP Election Concurrence Statement indicating she concurred with her husband's election to decline spouse SBP. This statement was signed and notarized. 7. On 15 May 2015, he submitted an SGLV Form 8286A (Family Coverage Election) stating he did not want coverage for his spouse. REFERENCES: 1. Public Law 92-425, enacted 21 September 1972, repealed the Retired Serviceman’s Family Protection Plan and 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. An election, once made, was irrevocable except in certain circumstances. 2. 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 provided less than maximum spouse coverage. DISCUSSION: 1. Prior to his retirement the applicant elected ?child only? SBP coverage, this election requires spousal consent/concurrence. 2. The USPS tracking form shows that the concurrence letter sent to his spouse was not claimed and there is no evidence that a second attempt was made to provide his spouse with the necessary form. 3. Upon receipt of his first retirement statement, the applicant realized that an error had occurred in his SBP coverage and immediately attempted to correct this error with the submission of a spousal concurrence letter and a SGLV Form 8286A. 4. Regulations require that a spouse has to submit a concurrence letter for any SBP election except full coverage. If a spouse does not concur or there is no election made, the SBP withholding automatically becomes full coverage. 5. In this case the letter including the necessary concurrence form was never received by the applicant's spouse and there is no evidence that a second attempt was made when the retirement section received notice that the letter was not claimed. 6. As soon as the applicant was made aware of the lack of the necessary form, the applicant and his spouse took steps to correct the omission. 7. The failure on the part of the retirement section to follow-up on the USPS's notification that the original concurrence letter was not claimed and then deny his election creates an injustice. This is especially so given the concurrence of the spouse and the immediacy with which the applicant attempted corrective measures. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008965 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2