BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150010771


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


		 

		BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150010771


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:

	a.  showing his spouse concurred with his election not to participate in the SBP in a timely manner and that his election, with spousal concurrence, was timely submitted and accepted by DFAS and

	b.  refunding all SBP premiums collected from his retired pay.



                                    ___________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.


		 

		BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150010771


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 he elected not to participate in the Survivor Benefit Plan (SBP).

2.  The applicant states he declined SBP coverage at the time of his retirement.  His spouse was not living at the location of his retirement.  Therefore, he had to mail the SBP paperwork to her for her notarized signature showing she concurred with his decision to not participate in the SBP.  Because the signed and notarized SBP paperwork arrived after his date of retirement, he was automatically entered into the SBP.  Neither he nor his spouse desired SBP coverage and want his records to reflect his declination of SBP.

3.  The applicant provides copies of:

* DD Form 2656 (Data for Payment of Retired Personnel), dated 6 March 2015
* Spouse SBP Election Concurrence Statement, dated 3 April 2015

CONSIDERATION OF EVIDENCE:

1.  During his retirement processing, the applicant completed a DD Form 2656 showing he was married with three children and he elected not to participate in the SBP.  He signed the form on 6 March 2015.

2.  He retired on 31 March 2015, with placement on the Retired List the following day.  

3.  A Spouse SBP Election Concurrence Statement shows the applicant’s spouse concurred with his decision to not participate.  On 3 April 2015, she signed the form.  Her signature was notarized.

REFERENCES:

1.  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.
An SBP 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).

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 provides less than the maximum spouse coverage.

DISCUSSION:

1.  The available evidence indicates that the applicant’s SBP election was not signed and notarized in a timely manner by his spouse.  She did so 2 days after the applicant’s effective date of retirement.  Therefore, DFAS had no choice but to initiate automatic spousal coverage.

2.  The applicant offers the reasonable explanation that his spouse’s signature was delayed because of her being at a distant location.

3.  The evidence supports correction of the applicant's records to show he elected not to participate in the SBP and that his spouse concurred in a timely manner.  If this correction is made, the applicant should be refunded any SBP premiums that have been collected from his retired pay.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150010771



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150010771



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2