IN THE CASE OF:	  

		BOARD DATE:	  23 February 2016

		DOCKET NUMBER:  AR20150007832 


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 Survivor Benefit Plan (SBP) coverage.

2.  The applicant states, in effect, that he only elected SBP coverage because he was told that he could cancel it at any time.  After retiring, he applied for and was approved for a $500,000.00 life insurance policy; therefore, he no longer needs the SBP coverage.  He subsequently attempted to cancel his SBP coverage but was informed that he could only do so between the 25th and 36th month after his retirement date.  He contends that he was not briefed properly and this error will result in approximately $4,000.00 in lost retirement pay causing him financial hardship.

3.  The applicant provides:

* a notarized statement of his spouse’s concurrence
* a Verification of Soldier Counseling (SBP) Form
* his DD Form 2656 (Data for Payment of Retired Personnel) 
* a Retirement Services Office (RSO) memorandum, undated 
* a Retirement Services Office memorandum, date 4 February 2015
* his DD Form 214 (Certificate of Release or Transfer from Active Duty), effective 31 March 2015

CONSIDERATION OF EVIDENCE:

1.  On 31 March 2015, he retired from the Regular Army in the rank of chief warrant officer two after completing over 17 years of active military service.
2.  His official military personnel file (OMPF) contains no SBP election form.

3.  He provides:

   a.  an RSO memorandum addressed to his spouse explaining her entitlement to SBP and the options available to the applicant.  Paragraph 3 states that the applicant’s decision regarding the SBP election was generally irrevocable.
   
   b.  a form signed by the applicant verifying he was counseled in regards to his SBP participation.
   
   c.  his DD Form 2656, completed on 4 February 2015, showing he elected spouse and children SBP coverage based on full retired pay.
   
   d.  a notarized statement from the applicant wherein he contends that he unsuccessfully attempted to cancel his SBP in April 2015.  This statement also shows that his spouse concurs with his decision to terminate SBP coverage.
   
   e.  a memorandum from the Schofield Barracks, HI, RSO, stating the applicant attempted to cancel his SBP coverage after he retired.

4.  The law governing the SBP stipulates that members who fail to make an SBP election during retirement processing are automatically enrolled in the program.  It further 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 (SBP Election Change Certificate) 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 first 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. No premiums will be refunded to those who opt to disenroll.

DISCUSSION AND CONCLUSIONS:

1.  By law, a member’s SBP election is irrevocable.  The law states all elections are irrevocable unless allowed under some other provision of the law.

2.  In this case, the evidence provided by the applicant shows that after having initially elected spouse and children coverage, his spouse concurred with his election to decline spouse SBP coverage shortly after the effective date of his retirement.

3.  The applicant indicates he was not properly briefed on when he could change his election and that he will experience a financial hardship.  The evidence shows he attempted to terminate his SBP coverage almost immediately after he retired.  Further his spouse concurred with his decision to decline SBP coverage.  For these reasons, and as a matter of equity only, it would be appropriate to correct his records to show he declined SBP coverage prior to his retirement date.  This decision is now irrevocable meaning at no time in the future will he be authorized to elect to participate in the SBP.

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 he declined to participate in the SBP and his spouse properly concurred with his declination to participate in the SBP prior to his date of retirement; and

	b.  refunding all SBP premiums 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)                                         AR20150007832



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ABCMR Record of Proceedings (cont)                                         AR20150007832



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