BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018513 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018513 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018513 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, in effect, correction of his records to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage at the reduced amount with spousal concurrence 2. The applicant states, in effect, that his spouse was with him at the time of his transition to retirement; however, her signature and the notary’s signature was missing. 3. The applicant provides his marriage certificate and DD Form 2565 (Data for Payment of Retired Personnel. CONSIDERATION OF EVIDENCE: 1. The applicant was on active duty in the Regular Army when he married his spouse, Natasha, on 20 November 2013. 2. On 2 February 2015, the applicant completed and signed his DD Form 2656, before his retirement date, electing SBP for his spouse at the reduced amount of $1,000.00; however, he was missing his spouse’s concurrence and a notary witness. 3. The applicant was medically retired on 20 March 2015 and was placed on the Retired List in his retired rank/grade of chief warrant officer 3. 4. Since the applicant made an invalid election prior to his retirement by not having his spouse’s concurrence for reduced SBP, it appears he was automatically enrolled in SBP at full coverage. 5. The applicant provides a copy of his DD Form 2656, which shows that his spouse concurred with his election; however, it was signed by the spouse and notarized on 3 November 2015, approximately 8 months after he retired. REFERENCES: 1. 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. An election to decline to participate in the SBP or elect SBP in a reduced amount, must be made and have the spouse's concurrence made prior to the effective date of retirement or else coverage automatically defaults to full spouse coverage. 2. 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 SBP. The spouse’s concurrence is required. No premiums will be refunded to those who opt to disenroll. There is no option to change an SBP election from full base amount to a reduced amount during that period. DISCUSSION: 1. The evidence of record confirms that in conjunction with the applicant’s retirement, he completed a DD Form 2656 and signed it on 2 February 2015. He elected SBP coverage in the reduced amount of $1,000.00. However, his spouse did not sign the form concurring with her husband’s election. As a result, he was automatically enrolled in SBP for full coverage. 2. The applicant was medically retired on 20 March 2015. 3. Eight months later on 2 February 2015, the applicant’s spouse signed DD Form 2656, concurring with applicant’s SBP election for reduced amount and had the form notarized on 3 November 2015. Since the completed, signed and notarized DD Form 2656 was received after the applicant’s retirement date, the form was invalid. 4. The applicant can terminate SBP coverage with spousal concurrence, between the 25th and 36th month after his retirement date by submitting an application to DFAS, but he will not be refunded any premiums that have already been paid. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018513 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2