ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE BOARD DATE: 29 October 202 DOCKET NUMBER: AR20200002579 APPLICANT REQUESTS: Correction of his record to show his wife was added as his Survivor Benefit Plan (SBP) annuitant. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Retiree account statements * Self-authored letter to the Honorable FACTS: 1. The applicant states he filed his DD Form 2656 (Data for Payment of Retired Personnel) with the aid of Sergeant M- P-, who stated "I have filed a boat load of these forms." When the SBP section came up she stated they would withhold about a one third of pay, thus he chose to opt out. His first pay, SBP was $29.55. In December 2018 the SBP stopped. He contacted the Defense Finance and Accounting Service (DFAS) and was instructed to file a new DD Form 2656. After a few months, DFAS informed him that the SBP could not be changed. He tried to contact SGT but she had separated from the military. He contacted the Honorable to inquire about his situation. After several months he said the only recourse was to file a petition with the Board. 2. A review of the applicant's official records shows the following: a. On 20 June 1977, the applicant enlisted in the U.S. Army Reserve (USAR) and served continuously until his retirement. b. On 31 May 1981, the applicant married c. On 5 August 1999, the USAR Personnel Command, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) which informed him he had completed the required years of Reserve service and was eligible for retired pay. This letter also informed him that he was entitled to participate in the Reserve Component SBP established by Public Law 95-397, and by law he had 90 calendar days from the receipt of the 20-Year Letter to submit a DD Form 1883 (SBP Election Certificate). If he did not make an election, he would not be entitled to SBP coverage until he applied for retired pay at age 60. d. On 2 June 2004, Orders Number 04-154-00082, issued by Headquarters, 99th Regional Readiness Command, reassigned the applicant from his current assignment to the Retired Reserve by reason of completing 20 or more years of service for retired pay at age 60. e. On 1 November 2018, the applicant completed DD Form 108 (Application for Retired Pay Benefits). In conjunction with this form he completed a DD Form 2656, dated 28 August 2018, wherein he elected SBP spouse only coverage. He endorsed this form along with his spouse and a witness. f. The applicant's records contain a DD Form 2656, dated 18 September 2018, in which section 9 (SBP Election) he selected Option A "previously declined to make an election until eligible to receive retired pay." In item 34 (SBP Beneficiary Category) he elected not to participate in the SBP. He endorsed this form along with his spouse and a witness. g. On 4 November 2018, Orders Number C11-899168, issued by the U.S. Army Human Resources Command, Fort Knox, KY, retired the applicant. h. The applicant's records are void of a DD Form 1883 which would indicate an SBP election or deferral when he received his 20-Year Letter in 1999. 3. The applicant provides: a. Retiree account statements showing on 30 November 2018 an SBP deduction in the amount of $29.55 was deducted from his pay, and on 18 December 2018, "no SBP election is reflected on your account." b. Self-authored letter to the Honorable wherein the applicant requests assistance adding his spouse as an SBP annuitant. 4. See applicable SBP references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the record showing the applicant and his spouse previously submitted a denial of SBP coverage and the law concerning the program stating the election is irreversible, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the SBP coverage of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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 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. REFERENCES: 1. Public Law 92-425, the SBP, enacted 21 September 1972, 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. Department of Defense Financial Management Regulation, Volume 7B: a. Section 430401 states an election is irrevocable, except when the Secretary concerned revokes an election when necessary to correct an administrative error. b. Section 430702 F (Voluntary Termination of Coverage) states a member who wishes to withdraw the request to terminate participation must notify the Secretary concerned (or designee) using a legible, signed written notice to the member’s responsible agent in subparagraph 430702.B. The notice must identify the member’s name and social security number and state that the member no longer wants to discontinue SBP participation. c. Section 430801 (Regular Recurring Open Enrollment) states there are no regular recurring open enrollment periods. Open enrollment periods occur only when there are major changes to the SBP program and must be specifically prescribed by law. The last SBP open enrollment, which was authorized by Public Law 108-1375, began 1 October 2005, and ended 30 September 2006, under Title 10, United States Code (USC), section 1448. In the absence of such a legislatively prescribed period, members may only enroll or dis-enroll as specified in this chapter. //NOTHING FOLLOWS//