RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070007481 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Ms. Loretta D. Gulley Analyst The following members, a quorum, were present: Mr. John T. Meixell Chairperson Ms. Jeanette R. McCants Member Mr. Scott W. Faught Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that her election under the Survivor Benefit Plan (SBP) be changed from full coverage to no survivor coverage. 2. The applicant states, in effect, that she and her spouse declined enrollment into the SBP upon retirement. The applicant further states that her spouse signed Item 30a (Spouse) of Section XI (SBP Spouse Concurrence) of the DD Form 2656 (Data for Payment of Retired Personnel) during her out-processing, but did not put the date in Item 30b (Date Signed); therefore, the Defense Finance and Accounting Service (DFAS) deemed the SBP document invalid. 3. The applicant provides a copy of DD Form 2656 in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 31 January 2007, the date her retirement pay became effective. 2. The applicant retired from the United States Army on 31 January 2007 after serving more than 20 years. 4. Item 30a of Section XI of the DD Form 2656, which is required when a member is married and does not elect full spouse coverage or declines coverage, shows that the spouse did sign the spousal concurrence block on the form, although undated. However, the document shows a signed witnessed and dated on 11 July 2006. 5. Department of Defense Financial Management Regulation, Volume 7B, Chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. When the spouse’s concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses. This chapter also states, in pertinent part, that the Secretary of the Military Department concerned (or designee) may correct any election or any change or revocation of an election when the Secretary considers it necessary to correct an administrative error. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her election under the SBP should be changed from full coverage to no survivor coverage for spouse. 2. Evidence of record clearly shows that the applicant elected not to participate in the SBP, that her spouse concurred with her election, and that this spousal concurrence was properly witnessed. Therefore, she is entitled to correction of her military records to show that she elected not to participate in the SBP, that her spouse concurred with her election on 11 July 2006, and that she is entitled to reimbursement of any SBP deductions from her retired military pay. BOARD VOTE: __JTM _ ___JRM _ ____SWF_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing that she elected not to participate in the SBP, that her spouse concurred with her election on 11 July 2006, and that DFAS reimburse the applicant any SBP deductions already deducted from her retired military pay. ____John T. Meixell_____ CHAIRPERSON INDEX CASE ID AR20070007481 SUFFIX RECON YYYYMMDD DATE BOARDED 2007/11/29 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 2. 3. 4. 5. 6.