BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016526 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 BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016526 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 and his spouse elected not to participate in the Survivor Benefit Plan (SBP) by properly completing a DD Form 2656 (Data for Payment of Retired Personnel) prior to his retirement, and by refunding 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. BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016526 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 never elected to participate in the Survivor Benefit Plan (SBP). 2. The applicant states, in effect: a. He is being charged SBP premiums because he was never given a DD Form 2656 (Data for Payment of Retired Personnel) to fill out and sign when he was medically retired on 16 September 2013. He is being charged for something he doesn't want. He will send in a copy of the DD Form 2656 signed by his wife stating he doesn't need it. b. He has been trying to get the SBP stopped since August 2014, and he has been passed from person to person until he was told 30 March 2015 that he would have to appeal this matter. He feels that since he was never given the proper paperwork, or the proper advice, he should receive his money back, and the billing should be stopped. 3. The applicant provides: * DD Form 2656 with notary's signature, dated 28 September 2015 * Clinton County, Pennsylvania Marriage Certificate * SBP premium bill for August 2014 * DD Form 2656-2 (SBP Termination Request) with SBP Counselor's signature, dated 18 March 2015 CONSIDERATION OF EVIDENCE: 1. The applicant's marriage certificate shows he married his spouse on 10 September 1997. 2. After periods of active duty and Pennsylvania Army National Guard (PAARNG) service, his NGB Form 22 (Report of Separation and Record of Service) shows he was medically retired on 16 September 2013. He was not available to sign the NGB Form 22 during the medical retirement process. 3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant did not fill out a DD Form 2656 (Data for Payment of Retired Personnel) prior to retirement, so he was automatically enrolled in the SBP. 4. The applicant provides a DD Form 2656-2, dated 18 March 2015, which he completed in order to terminate SBP coverage. He signed the form, and a SBP Counselor verified it was his spouse who concurred with the termination of SBP coverage. He also provides DD Form 2656 with a notary's signature, dated 28 September 2015, to show another attempt at stopping the SBP coverage. REFERENCES: 1. Public Law 92-425, enacted 21 September 1972, established the SBP. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. 2. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides less than the maximum spouse coverage. 3. 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. 4. 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. 5. In a similar case, DFAS stated that if the applicant was single at the time of his or her separation, he or she could send in a DD Form 2656-8 and DFAS would stop the SBP and refund any premiums. However, if the applicant was married at the time of separation, then he or she had time to withdraw between the 24th and 36th month of coverage using DD Form 2656-2; however, no refund of premiums will be made. DISCUSSION: 1. In this case, the evidence provided by the applicant shows that after having been automatically enrolled into the SBP upon his retirement on 13 September 2013, his spouse concurred with his election to decline SBP coverage on 18 March 2015. That election was made before the second anniversary of his retirement. 2. The applicant completed a DD Form 2656 on 28 September 2015, with the intent of terminating SBP coverage for his spouse; his spouse concurred with the election. This form was completed within one year of the second anniversary of his retirement date. 3. The applicant's decision to terminate SBP coverage on 28 September 2015, met the appropriate timeframe established by Public Law 105-85. Therefore, he was entitled to stop his SBP premiums effective 28 September 2015. DFAS confirmed he is not authorized reimbursement of premiums paid before the disenrollment date because he was married at the time of his retirement. 4. As a matter of equity and understanding, since the applicant out-processed unconventionally during the medical retirement, the Board may recommend correction of his record to show he declined SBP coverage before he was retired. In addition, the Board may recommend correction of his record to show his spouse concurred with his declination of SBP coverage prior to his 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) AR20150012057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015967 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2