IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005098 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 disenrollment from the Survivor Benefits Plan (SBP) and a refund of all SBP premiums deducted from his retired pay. 2. The applicant states he was not qualified for the SBP since he was single and had no dependents. He never received counseling on the SBP prior to his retirement on 31 January 2015. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 7 March 1995. 2. On 2 January 2015, he completed and signed a DD Form 2656 (Data for Payment of Retired Personnel). He indicated on the form he was single and he had no dependent children. He elected not to participate in the SBP. His signature was witnessed and notarized on the same date. 3. There is no indication this form was sent to the Defense Finance and Accounting Service (DFAS) prior to his retirement. 4. He was honorably retired on 31 January 2015. His SBP election defaulted to "spouse" coverage because no election was received by DFAS. 5. DFAS records show, on 10 March 2015, by fax, he requested DFAS disenroll him from the SBP and attached the DD Form 2656 that he had completed on 2 January 2015. However, because his request was received after retirement, DFAS took no action on his request. His election had already defaulted to spouse coverage. 6. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees of less than 2 years on the effective date could terminate participation (with spouse/former spouse's concurrence, if appropriate) during the 1 year period beginning on the second anniversary of the commencement of retired pay. Any such termination shall be made by submission of a written request to the Secretary concerned to discontinue participation in the SBP. No premiums would be refunded to those who opt to disenroll. DISCUSSION AND CONCLUSIONS: 1. The applicant executed a DD Form 2656 on 2 January 2015 electing not to participate in the SBP. However, it does not appear that this election was sent to DFAS before he retired on 31 January 2015. As a result, his election defaulted to "spouse" coverage. On 10 March 2015, he submitted a request to DFAS asking to disenroll from the SBP. But, since he had already retired, DFAS took no action on his request. 2. Although the law is clear in that an election must be made on or before the date of retirement, it is clear that his intent was all along to not enroll/participate in the SBP, especially considering that he was single with no dependents on the date of retirement. 3. There is no error by the Government. However, as a matter of equity, his records should be corrected to show his election of 2 January 2015 not to participate in the SBP was submitted to DFAS on or before 31 January 2015. He should also be reimbursed any premiums collected. 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 elected not to participate in the SBP on 2 January 2015 and his DD Form 2656 was received and timely processed by DFAS, prior to his retirement on 31 January 2015 * refunding him all SBP premiums deducted from his retired pay as a result of this correction _______ _ __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) AR20150005098 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005098 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1