BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150017699 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: 25 May 2017 DOCKET NUMBER: AR20150017699 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 elected child(ren) only Survivor Benefit Plan (SBP) coverage by properly completing a DD Form 2656 (Data for Payment of Retired Personnel) prior to his retirement. ___________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: 25 May 2017 DOCKET NUMBER: AR20150017699 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 child(ren) only coverage under the Survivor Benefit Plan (SBP) prior to his retirement. 2. The applicant states, in effect, his SBP election during retirement out-processing was for child(ren) only. His spouse was not available to sign his DD Form 2656 (Data for Payment of Retired Personnel) because of her military service out of the country. His spouse did not receive the documents in order to comply with the SBP child(ren) only selection. 3. The applicant provides: * his retirement orders * his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 August 2015 * two DD Forms 2656 * his spouse's permanent change of station (PCS) orders CONSIDERATION OF EVIDENCE: 1. Orders A-08-49128, issued by the U.S. Army Human Resources Command (HRC) on 12 August 2004, show that after prior active and inactive service in the U.S. Army Reserve (USAR) and Army National Guard (ARNG), the applicant was ordered to active duty effective 15 September 2004. 2. Orders 339-0503, issued by the U.S. Army Combined Arms Support Command (CASCOM), Fort Lee, VA on 5 December 2014, show the applicant was approved for voluntary retirement effective 31 August 2015. 3. The applicant provides: a. A DD Form 2656, dated 15 June 2015, which shows he elected child(ren) only SBP coverage based on his full gross pay, and an SBP Counselor signed as a witness. Section XII (SBP Spouse Concurrence) was not signed by his spouse, wherein she would have confirmed her concurrence with the child(ren) only SBP election. b. His DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows he was honorably retired on 31 August 2015 in accordance with his retirement orders. He signed the DD Form 214 on 15 June 2015. c. Orders 086-00303, issued by CASCOM, Fort Lee, VA on 27 March 2014, which show his spouse LTC A_ H-C, received orders to PCS to Turkey, effective 1 June 2014, for a 12-month restricted tour. These orders were amended by Orders 101-00208, issued by CASCOM on 11 April 2014, thereby changing the assignment to either a 24-month accompanied tour or a 15-month unaccompanied tour. His spouse would serve in Turkey through June 2016 if the 24-month tour was completed, or through September 2015 if the 15-month tour was completed. d. A DD Form 2656, dated 15 June 2015, which is the original form he completed prior to retirement. However, the form now shows his spouse concurred with the child(ren) only election by signing the form in the presence of a notary on 3 November 2015, a little over two months after his retirement date. 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 using DD Form 2656-2. 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 applicant's request to correct his record to show he elected child(ren) only SBP coverage prior to retirement was carefully considered. He contends his spouse was serving outside of the country and did not receive the documents in order to comply with her instructions with respect to his SBP election. 2. The evidence provided by the applicant shows his spouse did not concur with his SBP election by signing the DD Form 2656 prior to his retirement date. Without her signature, his spouse and his children were enrolled for SBP coverage upon his retirement as required by law. 3. The applicant contends his spouse was in another country on military orders at the time of his SBP election on 15 June 2015. He provided his spouse's orders showing she was to report to Turkey on 1 June 2014 for a 24 or 15-month assignment. Although the exact dates of her tour are unclear, the PCS orders indicate she presumably served in Turkey into June 2015, if not longer. 4. The applicant's spouse signed the SBP form concurring with his child(ren) only election on 3 November 2015, after he was already retired. The DD Form 2656 of record is the one used upon his retirement, which he signed on 15 June 2015. However, by signing the form, albeit late, his spouse has clearly indicated her concurrence. 5. The Board may recommend correction of his record to show his spouse concurred with the child(ren) only SBP coverage before the applicant's effective 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) AR20150012057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017699 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2