IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003208 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 IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003208 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. IN THE CASE OF BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003208 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 The applicant requests the default election for the Survivor Benefit Plan (SBP) be rescinded so he and his wife can choose the amount of coverage that is correct for his family. 2. The applicant states his wife did not receive the proper notification. He signed the DD Form 2656 (Data for Payment of Retired Personnel) on 15 October 2015, but it did not arrive in Hawaii until a month later. 3. The applicant provides: * DD Form 2656, dated 15 October 2015 * a letter from his wife, dated 7 January 2016 * Unites States Postal System (USPS) tracking form CONSIDERATION OF EVIDENCE: 1. The applicant previously served in the North Carolina Army National Guard and completed 6 months and 8 days of active service. 2. On 5 December 1990, he enlisted in the Regular Army and served continuously until his retirement. 3. On 15 October 2015, the applicant completed and signed a DD Form 2656. a. He indicated he was a Command Sergeant Major and his retirement date was 1 January 2016. b. He was married and had no dependent children. c. He elected SBP coverage for spouse only with a reduced base amount of $300. d. His wife's signature does not appear on the form. 4. On 31 December 2015, the applicant retired at Fort Bragg, NC, and was transferred to the Retired List on 1 January 2016. 5. The applicant provided a statement, dated 7 January 2016, signed by his wife. She stated: a. She was stationed at Joint Base Pearl Harbor Hickam (JBPHH), Hawaii. b. The letter of notification had to be sent (certified) to her residence. The letter was returned to the sender because the hold time for the letter expired before she could retrieve it from the post office. Aside from being held at some time in Salt Lake City, Utah, she did not receive the first notification for pick up and experienced some difficulty with the local and on base post offices. c. On 18 December 2015, she received a notification to pick up a certified letter concerning the selection of SBP. She called the Honolulu post office and was told the letter was at the post office on JBPHH. Upon arrival at the JBPHH post office she was told she would need to go the Honolulu post office to retrieve the letter. When she arrived at the Honolulu post office she was told the letter was at the JBPHH post office. She was unable to pick up the letter on 18 December (2015) because her travel time took her past the post office business hours. d. The following day she returned to the JBPHH post office only to be told they did not have the letter, and she should try again at the Honolulu post office. She was again told the letter was not there. She returned home and made several phone calls in an attempt to locate the letter. On 21 December (2015) she was told the letter had been returned to the sender. e. The post office informed her that a prior notice had been placed on her door, however she did not receive this letter. During the time frame of when the notice was left on her door Oahu was experiencing high trade winds of 30-plus miles per hour and the notification could have very easily been swept away from her door. 6. The applicant's wife's statement included a tracking sheet from the USPS. a. The letter arrived at the USPS Facility, Salt Lake City, Utah, on 29 November (2015) and departed on 30 November (2015). b. The letter arrived at the USPS Honolulu facility on 2 December (2015) and a notice was left on 3 December (2015). c. On 21 December (2015) the letter was unclaimed and the maximum hold time had expired. It departed the USPS Honolulu facility on 22 December (2015). d. On 24 December (2015), the letter arrived at the USPS facility, Fayetteville, NC and was ready for pick up at Fort Bragg, NC. On 31 December (2015) it was delivered at Fort Bragg, NC. 7. On 8 August 2017, an email was received from Defense Finance and Accounting Service (DFAS). DFAS indicated the applicant's SBP is currently in automatic coverage due to no spousal concurrence for the reduced amount SBP election. DFAS attached a copy of a DD Form 2656 showing the applicant’s election for the reduced amount of $300, but the form does not show spousal concurrence for a reduced amount. REFERENCES: Department of Defense Instruction 1332.42, provides the responsibilities and procedures for administering the Survivor Annuity Program, which is comprised of the SBP and the Reserve Component Survivor Benefit Plan (RC-SBP). a. A member entitled to retired pay based on active service who has a spouse or dependent child is considered a participant having maximum SBP coverage, unless the member, with spousal concurrence if married, elects less-than-maximum spouse coverage, child-only coverage, or not to participate in the program. Unless such election is made prior to the first day of entitlement to retired pay, automatic coverage for maximum spouse or spouse and child coverage shall be entered. An election under this paragraph is irrevocable, unless otherwise provided by law, if not revoked before the date on which the person first becomes entitled to retired pay. b. Written spousal concurrence is required when the member elects to decline coverage or provide the spouse with less than the maximum SBP coverage available, to include electing child-only coverage. The signature of the spouse must be notarized. The requirement to have the spouse’s signature notarized is not to suggest the spouse has received additional counseling regarding the option being selected. It simply provides certification that the spouse signed the form. c. A member may elect to discontinue participation by submitting a DD Form 2656-2 (SBP Termination Request) during the period that is more than 2 years, but less than 3 years, after the first date of entitlement to receive retired pay. The member must submit the request no earlier than the 1st day of the 25th month, and no later than the last day of the 36th month from the date of entitlement to retired pay, with spousal concurrence if applicable. DISCUSSION: 1. Because spousal concurrence was not received by DFAS prior to the first day the applicant was entitled to retirement pay, on 1 January 2016, automatic coverage for maximum spouse coverage was entered. 2. The applicant signed the DD Form 2656 on 15 October 2015 and the tracking began on 29 November 2015 when the letter arrived at Salt Lake City. There is no explanation as to why there was a seven-week delay in mailing of the form. 3. The applicant's wife outlines the difficulty experienced in receiving the required letter of concurrence for the reduced SBP coverage. However, his wife does not indicate in her statement whether she concurs with his election of reduced SBP benefits. 4. There is no evidence the applicant attempted alternative methods of getting the form to his wife such as email, FEDEX, FAX, etc. There were 78 days between the date the applicant signed the DD Form 2656 and his date of retirement. There is no evidence the applicant exercised due diligence to ensure his wife received this important document prior to the date of his retirement. 5. The applicant may elect to discontinue participation by submitting a DD Form 2656-2 during the period that is more than 2 years, but less than 3 years, after the first date of entitlement to receive retired pay. He must submit the request no earlier than the 1st day of the 25th month and no later than the last day of the 36th month from the date of entitlement to retired pay, with spousal concurrence if applicable. Premiums previously paid are not refundable. 6. He is advised to contact his nearest Retirement Services Officer for information and assistance immediately so as to be prepared to submit his request to DFAS when eligible. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2