IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150008791 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 her participation in the Survivor Benefit Plan (SBP). 2. The applicant states she was given incorrect information and advice during out processing. She completed the DD Form 2656-5 (Reserve Component SBP Election Certificate) and had it notarized. The DD Form 2656 (Data for Payment of Retired Personnel) she submitted was not notarized. She did not want SBP coverage. She reached out to the Defense Finance and Accounting Service (DFAS) and they initially stated they would accept her submissions, but later informed her she would have to petition the Board to stop the SBP. 3. The applicant provides: * Marriage license * DD Form 2656-5, dated 3 November 2014 * DD Form 2656, dated 21 October 2014 * DD Form 2656, dated 16 October 2015 * Spousal concurrence to stop SBP CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the South Carolina Army National Guard on 28 March 1997. She served continuously, including periods of active duty, until she was retired as a sergeant/E-5 effective 10 November 2014 due to physical disability. 2. The applicant married Francisco on 25 April 2014. 3. In support of her request, the applicant provided: a. A notarized DD Form 2656-5, dated 5 November 2014, showing she was married to Francisco and had one dependent child. An "X" is placed in item 12a (Options) indicating she declined to make an SBP election until she reached age 60. Her spouse signed the form providing his consent to the Reserve Component SBP (RCSBP) election. This form is filed in her Official Military Personnel File. b. A DD Form 2656, dated 21 October 2014, showing she was married to Francisco and had one dependent child. An "X" is placed in item 26g indicating she had elected to not participate in the SBP. Her spouse did not sign indicting his concurrence with the SBP election and this form is not notarized. c. A notarized DD Form 2656, dated 16 October 2015, showing she was married and had one dependent child. An "X" is placed in item 26g indicating she elected to not participate in the SBP. Her spouse signed the form providing his concurrence with the applicant's SBP election. Her spouse provided a separate notarized statement indicating he concurred with the applicant's SBP election. 4. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. At the time, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else have waited until he/she applied for retired pay and elected to participate in the standard SBP. 5. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. An election, once made, was irrevocable except in certain circumstances. This law also provides that every member having a spouse and/or child(ren), who retired/transfers to the retired list on or after that date, is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the retired list. DISCUSSION AND CONCLUSIONS: 1. The applicant contends she was given incorrect information and advice during out processing. She did not intend to participate in SBP. 2. The available evidence shows the applicant did not want to participate in the SBP. She submitted the forms to show she did not desire to participate, however, one of the forms was not notarized. She resubmitted the form notarized and included a notarized statement from her spouse concurring with her SBP election. 3. As a matter of equity, her records should be corrected to show she elected not to participate in the SBP, her spouse concurred, and DFAS timely processed her request. 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 the applicant timely completed a DD Form 2656 electing not to participate in the SBP, and her spouse properly concurred with her decision on the same date * showing the Defense Finance and Accounting Service timely received and processed the applicant's DD Form 2656 declining the SBP with the spouse's concurrence * reimbursing all premiums already paid by the applicant 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) AR20130005789 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008791 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1