BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001962 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001962 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001962 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 her military records to show that she did not elect to participate in the Survivor Benefit Plan (SBP). 2. The applicant states while transitioning out of the U.S. Army, she elected not to participate in the SBP upon retirement. According to the Defense Finance and Accounting Service (DFAS), her election was not received; therefore, she was automatically enrolled in the SBP. After her election form was received at DFAS, she was informed that it was not properly completed. She contends that because she already has life insurance, she has no need for SBP. 3. The applicant provides a copy of her DD Form 2656 (Data for Payment of Retired Personnel), dated 10 March 2015. CONSIDERATION OF EVIDENCE: 1. At the time of her application, the applicant was a specialist, pay grade E-4, retired from the Regular Army. 2. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 April 2015 shows she was retired due to a permanent physical disability. She had completed 2 years and 15 days of creditable active service. 3. A DD Form 2656, signed by the applicant and dated 10 March 2015, shows the applicant stated she was single and elected not to participate in the SBP. Item 30 shows she certified that she was counseled that she could terminate SBP participation within one year after the second anniversary of the start of her retired pay provided her spouse concurred. This form was signed and concurrently witnessed by an Army SBP counselor on the same date. 4. A State of Texas Marriage License, recorded and filed in court on 8 April 2015 shows the applicant was married on 2 April 2015. 5. In a letter dated 23 July 2015, a Military Pay Technician, DFAS, requested the applicant complete a DD Form 2656-8 (SBP Automatic Coverage Fact Sheet). In response, she signed and dated the form on 3 August 2015 indicating that she was married. 6. A DD Form 2656-6 (SBP Election Change Certificate) signed and dated by the applicant on 1 September 2015 requested to suspend SBP coverage. The form was witnessed/notarized the following day. 7. A military pay technician at the DFAS sent the applicant a letter dated 21 September 2015, informing her that because she had completed only 5 months of retirement, she would not be eligible to terminate her SBP until she was within 25 to 36 months of retired status. 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. 2. 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: 1. The applicant contends that her military records should be changed to show she elected not to participate in the SBP because she already has life insurance. 2. On 10 March 2015, the applicant completed a DD Form 2656 prior to her marriage on 2 April 2015. At the time she completed the DD Form 2656 she was single and appropriately elected not to participate in the SBP as she had no eligible beneficiary at that time. She was subsequently separated from active duty on 29 April 2015 due to retirement. The applicant's retired pay commenced immediately. 3. The evidence shows the applicant was automatically enrolled in the SBP due to her marriage. The evidence indicates she may not have anticipated her automatic SBP enrollment, considering that she signed an SBP Automatic Coverage Fact Sheet several months after she had retired and then, a month later, attempted to suspend coverage. 4. Of note is the fact that the available evidence does not show that her spouse concurs with her request to correct the record to show she did not elect to participate in the SBP. Spousal concurrence is required for any election not to participate in the program. 5. On 1 June 2017, she will enter the 1 year period of eligibility to terminate her SBP, if she still is inclined to do so and provided her spouse concurs. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2