IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110020402 


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 termination of Survivor Benefit Plan (SBP) coverage and reimbursement of all premiums paid.

2.  The applicant states he would like to decline SBP coverage.  He states he received a letter from the Defense Finance and Accounting Service (DFAS) requesting that he complete a DD Form 2656-8 (SBP Automatic Coverage Fact Sheet) which he had not filled out in the past.  He states he is currently being charged $207.94 per month for SBP coverage and would like to be reimbursed.

3.  The applicant provides the following documents in support of his application:

* DD Form 2656 (Data for Payment of Retired Personnel), dated 29 and 30 August 2011
* DD Form 2656-8, dated 30 August 2011
* DFAS-Cleveland Form 7220/148 (Retiree Account Statement)

CONSIDERATION OF EVIDENCE:

1.  On 31 March 2011, the applicant was honorably retired from the Regular Army in the rank of major after completing 21 years, 2 months, and 22 days of active military service.

2.  The applicant's official military personnel file contains no SBP election form.

3. On 27 April 2011, the DFAS Retired Pay Department, Cleveland Center, provided the applicant a summary of his retired pay account.  It indicated he had not completed an SBP election and as a result was automatically enrolled in the SBP for spouse-only full coverage and the monthly cost for this coverage would be $207.94.  DFAS included a DD Form 2656-8 for the applicant's information and use.

4.  The applicant provides a DD Form 2656, dated 29 August 2011, in which he elected to decline SBP coverage.  His spouse concurred with his election and the form was notarized on 30 August 2011.

5.  The law governing the SBP stipulates that members who fail to make an SBP during retirement processing are automatically enrolled in the program.  It further states all elections are irrevocable unless otherwise provided by law.  The law allows a participating member to 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.  The request must be submitted 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 AND CONCLUSIONS:

1.  The applicant's request to terminate SBP coverage has been carefully considered.  However, there is an insufficient evidentiary basis to support this claim.

2.  By law, members failing to make an election prior to retirement are automatically enrolled in the SBP.  It further states all elections are irrevocable unless allowed under some other provision of the law.  The law allows termination with spousal concurrence only during the period that is more than 2 years but less than 3 years after the first date of entitlement to receive retired pay.

3.  The evidence of record and the independent evidence provided by the applicant fail to show he completed an SBP election to decline coverage prior to his retirement.

4.  Further, given the available publications and other information sources made available to Soldiers to obtain SBP information on SBP coverage and premium calculations during retirement processing, there is no obvious reason why the applicant would not have made this election.  As a result, the applicant was or should have been aware of the SBP election options available to him and of the premium cost applicable to his situation prior to retirement.  As a result, there is an insufficient evidentiary basis to support termination of SBP coverage for the applicant prior to the period allowed in the existing SBP law.

5.  The applicant may terminate SBP participation in accordance with the existing SBP law during the period 1 April 2013 to 31 March 2014 if he and his spouse desire to do so.

BOARD VOTE:

________  ________  ________  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______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20110020402



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ABCMR Record of Proceedings (cont)                                         AR20110020402



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