IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150004729 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 his Survivor Benefit Plan (SBP) coverage. 2. The applicant states: * he was unaware he could not cancel SBP coverage at any time because he was not properly briefed * he was retired 8 years after his initial release from active duty so he could not cancel his SBP before his retirement date or within 1 year after the second anniversary of commencement of retired pay, which was never briefed to him but is stated on the DD Form 2656 (Data for Payment of Retired Personnel) in item 30 (Certification – Member) * he did not realize he would be charged a retroactive premium for a service that his family could not utilize during that time period 3. The applicant provides: * DD Form 2656 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 25 July 2003. 2. On 28 August 2006, he was honorably discharged due to disability with severance pay. His DD Form 214 shows he completed 3 years, 1 month, and 4 days of net active service during this period. 3. A DD Form 215, dated 5 August 2014, shows his DD Form 214 was corrected to show he was retroactively placed on the Temporary Disability Retired List effective 28 August 2006. 4. On 5 September 2014, he completed and signed a DD Form 2656, electing SBP coverage for his spouse and children based on full gross pay. His spouse initialed that she attended the one-on-one SBP briefing on 5 September 2014 and the form was signed by a witness on 5 September 2014. The applicant was unable to complete the DD Form 2656 prior to his date of retirement due to the retroactive nature of his retirement. 5. The law governing the SBP 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 for SBP termination was carefully considered. 2. His SBP election, in the presence of a Retirement Services Officer, shows he was counseled that he could terminate participation with his spouse's written concurrence within 1 year after the second anniversary of commencement of his retired pay. 3. The law allows for SBP 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. 4. Due to the circumstances of his retirement for temporary disability in August 2014, he was retroactively retired effective 28 August 2006 and elected SBP spouse coverage based on his full amount of retired pay on 5 September 2014. This lapse of 8 years resulted in incurring an SBP debt for a service he and his family could not have benefited from at the time, without the ability to request termination of the benefit within the time frame required by law, through no fault of his own. 5. The applicant was contacted on 21 December 2015 and again on 7 January 2016 regarding the need to provide a notarized spousal statement relinquishing any right to SBP benefits. Unfortunately, he failed to respond to either request or provide the requisite document. 6. Spousal concurrence is required for a participating member to elect to discontinue participation in SBP, even in instances of retroactive retirement where it would otherwise be in the interest of equity to correct records to show the applicant’s request to cancel SBP coverage was made in a timely fashion. 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) AR20150004729 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004729 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1