BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007920 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 participation in the Survivor Benefit Plan (SBP). 2. The applicant states he and his spouse visited the Transition Assistance Office at Aberdeen Proving Grounds, Maryland, in an attempt to cancel his SBP benefit. He believed there was a grace period to decline coverage under the SBP. Keeping the benefit will create a financial hardship for his family. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant retired from the Regular Army on 28 February 2015, in the rank/grade of chief warrant officer four/W-4. 2. The applicant's Official Military Personnel File (OMPF) contains: a. A DD Form 93 (Record of Emergency Data) he completed on 20 November 2013, which shows he was married with several children as of the form completion date. b. His OMPF is void of a DD Form 2656 (Data for Payment of Retired Personnel), which would have documented his SBP election at the time of his retirement. 3. In response to an agency inquiry, the Defense Finance and Accounting Service (DFAS) informed the Army Board for Correction of Military Records (ABCMR) that DFAS did not have a copy of the applicant's DD Form 2656; therefore, the applicant was enrolled in automatic coverage and paying monthly premiums of $360.49. 4. 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 defaulted to spouse coverage, if applicable. 5. Title 10, U.S. Code (USC), section 1448, required notice to a spouse if a member elected not to participate in the SBP. The statute also provided for automatic enrollment for spouse coverage at the full base amount unless a member affirmatively declined to participate in the SBP prior to receiving retired pay. Title 10, USC, section 1448, which was amended effective 1 March 1986, required written concurrence by the spouse if a member decided to decline the SBP or elect spouse coverage at less than the full base amount. 6. Department of Defense Financial Management Regulation, volume 7B, chapter 43, provides guidance on SBP elections. This chapter states, in pertinent part, that effective 1 March 1986, a married member is enrolled with spouse coverage based on full retired pay at the time of retirement unless that spouse has concurred in writing to another election requested by the member. When the spouse's concurrence is required, the signature indicating concurrence must be corroborated by one or more witnesses. 7. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a 1-year period beginning on the second anniversary of the date on which their retired pay started to withdraw from the 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 AND CONCLUSIONS: 1. The applicant's OMPF is void of a DD Form 2656 and DFAS has no record of a completed DD Form 2656. The presence of this form would clarify the applicant's intentions with regard to his participation in the SBP. However, it is unlikely this form was not completed prior to his retirement, since it serves more functions than just documenting a retiring Soldier's SBP election. Regardless, based on DFAS input, it appears he was automatically enrolled in, and covered by, the SBP and he is paying a monthly premium of $360.49. 2. The applicant did not provide evidence that sufficiently shows his record is in error or an injustice occurred. Similarly, he did not provide evidence that shows his spouse concurs with his desire to terminate his participation in the SBP. As such, he is not entitled to correction of his records to show he rescinded his election to participate in the SBP. 3. The applicant is advised that retirees have a 1-year period beginning on the second anniversary of the date on which retired pay started to withdraw from SBP. However, the spouse's concurrence is required and no premiums will be refunded to those who opt to disenroll. The applicant may obtain a copy of a DD Form 2656-2 from the Official Department of Defense Issuances (Forms Management Program) website at http://www.dtic.mil and submit it directly to DFAS during the period authorized by law. 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 that 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) AR20140017069 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007920 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1