IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022600 


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 his records to show he elected not to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and a refund of monies already deducted from his retired pay for RCSBP coverage.

2.  The applicant states he never filed for SBP, he is single, and he believes someone made an administrative mistake.

3.  The applicant provides a Defense Finance and Accounting Service (DFAS) Retiree Account Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records shows he was born on 20 November 1948.  He enlisted in the U.S. Army Reserve (USAR) on 27 October 1982.  He served in staff and leadership positions and attained the rank of sergeant first class (SFC).

2.  On 23 February 1991, U.S. Army Human Resources Command (HRC), St. Louis, MO, issued him a Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter).  This memorandum notified him that he had completed the required years of service and he would be eligible for retired pay upon application at age 60.



3.  There is no indication he made an RCSBP election at that time.  This operated to defer his election until such time as he reached age 60 and applied for retired pay.

4.  He was discharged from the USAR on 10 March 2003.  Orders Number AHRC-PAP-T, dated 27 February 2009, issued by HRC-St Louis, placed him on the Retired List in the rank of SFC effective 20 November 2008.

5. In the processing of this case DFAS was contacted to verify if and when the applicant made an SBP election.  By email, dated 28 December 2011, a DFAS representative stated the applicant indicted he was his own spouse and forwarded the applicant's DD Form 2656 (Data for Payment of Retired Pay), dated 9 February 2009. This form shows in:

* Section VII (Federal Income Tax Withholding Information), block 14 (Martial Status), he checked the "Single" block
* Section XII (SBP Spouse Concurrence), block 32 (Spouse), the applicant signed his own name and had his signature notarized 9 February 2009

6.  The applicant provides his retiree account statement, dated 29 January 2011, wherein it shows a monthly SBP deduction for "spouse only" coverage in the amount of $117.98 is being deducted from his retired pay.  This statement also shows his federal withholding status as "single, 0 exemptions."

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was single at the time he completed DD Form 2656.  It also appears he did not receive the proper guidance when completing his application for retired pay and inadvertently made an error when he placed his signature in block 32 of this form listing his name as his spouse instead of leaving it blank.  

2.  This error was compounded when DFAS processed his retired pay to show he elected "spouse only" SBP coverage and deducted the coverage from his retired pay.  As the applicant was single at that time, this was not a valid election.

3.  In view of the foregoing, his record should be corrected to show he did not make an SBP election at the time he applied for retired pay.





BOARD VOTE:

____X____  ___X_____  ___X_____  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 he did not make an SBP election at time he was placed on the Retired List and he be paid any monies already deducted from his retired pay for SBP coverage.



      _______ _   _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)                                         AR20110022600





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ABCMR Record of Proceedings (cont)                                         AR20110022600



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