IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150006154 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150006154 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 declined SBP participation with his spouse's concurrence and that his request was received and processed by the appropriate office in a timely manner and b. refunding any SBP premiums already deducted from his retired pay as a result of the above 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. IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150006154 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 Survivor Benefit Plan (SBP). He also requests reimbursement of all premiums that have been collected. 2. The applicant states he submitted the notarized DD Form 2656 (Data for Payment of Retired Personnel) to the Defense Finance and Accounting Service (DFAS) within two weeks of receiving it. He was on Reserve status at the time of his discharge and all of his out-processing was done over the phone. He was not afforded an expiration of term of service (ETS) briefing. He has called DFAS and the Army Human Resources Command multiple times and was told his only recourse was to apply to the Army Boards for Correction of Military Records. 3. The applicant provides: * five DD Forms 214 (Certificate of Release or Discharge from Active Duty) * Army National Guard (ARNG) Current Annual Statement * orders * memorandum, subject: Permanent Physical Disability Retirement, dated 11 March 2014 * DD Form 2656 * SBP/Retired Serviceman's Family Protection Plans (RSFPP) Premium Bill CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the Regular Army, the applicant enlisted in the ARNG on 2 November 2000. 2. A memorandum, dated 11 March 2014, notified the applicant that the U.S. Army Physical Disability Agency (USAPDA) found him to have a disability and he would be permanently retired with a 100 percent disability rating. 3. Orders D 070-37, issued by USAPDA, dated 11 March 2014, show he was placed on the Retired List on 15 April 2014, because of physical disability. 4. On 21 April 2014, the applicant completed a DD Form 2656; however, he did not make an election. It appears he intended to decline SBP coverage but he marked the wrong block. Under Section XII (SBP Spouse Concurrence) of the DD Form 2656, his spouse signed the form on 5 May 2014, indicating that she concurred with the SBP decision made by the applicant. 5. A SBP/RSFPP Premium Bill, dated 28 March 2015, shows he owes $1,980.06 in SBP premiums. REFERENCES: 1. Public Law 92-425, the SBP, enacted on 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. Elections are made by category, not by name. An election to decline to participate in the SBP must be made prior to the effective date of retirement or else coverage automatically defaults to full spouse (or child only coverage, if applicable) coverage. 2. Public Law 105-85, enacted on 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP. The spouse’s concurrence is required. No premiums will be refunded to those who opt to disenroll. The effective date of termination is the first day of the first calendar month following the month in which the election is received by the Secretary concerned. DISCUSSION: 1. The evidence shows the applicant did not decline to participate in the SBP prior to the effective date of his retirement and therefore, he was automatically enrolled in the SBP with full spouse coverage. 2. He was placed on the Retired List on 15 April 2014, because of physical disability. He maintains that he did not receive an ETS briefing. 3. The evidence shows there were less than 35 days from the date he was notified of his disability retirement to the date he was actually retired. Taking into consideration his notification (11 March 2014) and his subsequent retirement date (15 April 2014), it is reasonable to believe that this short period interfered with his and his spouse's ability to decline and sign the DD Form 2656 prior to his retirement date. For these reasons and the fact that his spouse concurred with a declination of the SBP, and as a matter of equity, the applicant's record should be corrected to show he elected not to participate in the SBP, his spouse timely concurred with this election, and officials at DFAS timely processed the declination of SBP coverage prior to his date of retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150006154 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150006154 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2