IN THE CASE OF:  

		BOARD DATE:  16 March 2017

		DOCKET NUMBER:  AR20150016077


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:  16 March 2017

		DOCKET NUMBER:  AR20150016077


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 his DD Form 2656, dated 12 May 2015; and

	b.  as a result of this correction, reimbursing him for any SBP premiums already paid.



                                    ______________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:  16 March 2017

		DOCKET NUMBER:  AR20150016077


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 the Retirement Transitions submitted a DD Form 2656 (Data for Payment of Retired Personnel) to the Defense Finance and Accounting Service without his spouse's signature.

3.  The applicant provides:

* DD Form 2656
* marriage certificate
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 August 1994 and remained on active duty through continuous reenlistments.

2.  He provided a DD Form 2656, which shows he elected not to participate in the SBP on 12 May 2015.  His spouse concurred with his election on 21 May 2015.

3.  He retired in the rank of first sergeant on 31 August 2015.


REFERENCES:

1.  Public Law 92-425, enacted 21 September 1972, established the SBP.  The SBP provided that military members serving on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.

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.  Every member having a spouse and/or child(ren), who retired/transferred (Reserve) on or after that date is automatically covered under SBP at the maximum rate unless he or she elected otherwise before retirement or transfer.

DISCUSSION:

1.  The evidence shows the applicant elected not to participate in the SBP on 12 May 2015, but his spouse did not concur with his election until 21 May 2015.

2.  It appears that he was automatically enrolled in the SBP for spouse coverage as a default election based on the disparity in signature dates.

3.  The evidence shows he applied to this Board for correction of his records immediately after receipt of his first statement of retired benefits.

4.  The evidence suggests the disparity in signature dates was an honest mistake and the intent of both the applicant and his spouse was to decline participation in the SBP.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150016077



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150016077



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2