IN THE CASE OF:	

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20150003005 


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 her record to show she elected not to participate in the Survivor Benefit Plan (SBP), and reimbursement of all premiums already paid into the program.

2.  The applicant states it was never her intention to enroll in the SBP.  She was unable to get out of it due to her spouse being in another state at the time of her discharge.

3.  The applicant provides:

* DD Form 2656 (Data for Payment of Retired Personnel)
* a notarized statement
* a letter

CONSIDERATION OF EVIDENCE:

1.  The applicant married J_____ A. R___ on 2 May 2013.

2.  The applicant enlisted in the Regular Army on 12 August 2013.  

3.  Her record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows she was honorably retired by reason of temporary disability on 3 October 2014.

4.  The applicant provides a notarized DD Form 2656, dated 3 October 2014.  This form shows she elected not to participate in the SBP.  On 6 November 2014, her spouse concurred with the SBP election and a notary official authenticated the form.

5.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.  The election must be made prior to the effective date of retirement or else coverage automatically defaults to spouse coverage, if applicable.

6.  Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant elected not to participate in the SBP upon her retirement due to temporary disability on 3 October 2014.  

2.  By law and regulation, married Soldiers who retire from the Army must take action to decline SBP.  Here, her spouse was unable to accompany her at the time she out-processed in Texas because he was in Colorado.  This geographical separation made it difficult for the applicant to obtain a timely and knowing concurrence to her declination of coverage.  

3.  However, less than 5 weeks after her retirement, she and her spouse submitted a notarized DD Form 2656 capturing his concurrence.  He reiterated his agreement in an 8 February 2015 notarized statement directed to the Board.

4.  Therefore, in the interest of equity, the applicant's records should be corrected to show she elected not to participate in the SBP and that her husband concurred in a timely fashion.  

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:

   a.  showing the applicant completed a DD Form 2656 electing not to participate in the SBP and that her spouse concurred with her decision, with any required notarizations, on 1 October 2014 and that the form was accepted by the Defense Finance and Accounting Service; and

	b.  as a result of this correction, reimbursing her any premiums already paid.



      _______ _ 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)                                         AR20150003005





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ABCMR Record of Proceedings (cont)                                         AR20150003005



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