IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002982 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 IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002982 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: a. showing he elected not to participate in the Survivor Benefit Plan on 4 June 2014 with his spouse's concurrence; b. showing his DD Form 2656 was timely received and processed by the appropriate office; and c. reimbursing him any monies due as a result of these corrections. _____________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. IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002982 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 military records to show he declined to participate in the Survivor Benefit Plan (SBP). 2. The applicant states he never wanted the SBP. He was forced to take a retirement services class and complete the SBP election form in order to out-process from the Army. He is 100-percent disabled from the military and he can barely make choices for himself anymore without help. 3. The applicant provides: * DD Form 2656 (Data for Payment of Retired Personnel) * marriage certificate CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 2 October 2008 for a period of 3 years and 28 weeks. 2. He served in Iraq from 16 July 2009 to 16 July 2010. 3. On 29 April 2014, a physical evaluation board found him unfit due to: * post-traumatic stress disorder, major depressive disorder with psychotic features (100 percent) * bilateral pes planus, degenerative joint disease bilateral metatarsal phalangeal joints, and plantar fasciitis (50 percent) * right ankle peroneal tendonitis (10 percent) 4. His records contain a DD Form 2656, dated 4 June 2014, showing he enrolled in the SBP for spouse and children coverage based on full gross pay. 5. He retired on 27 July 2014 by reason of temporary disability and he was placed on the Temporary Disability Retired List effective 28 July 2014. He was removed from the Temporary Disability Retired List because of permanent physical disability (100 percent) and placed on the Permanent Disability Retired List effective 27 October 2015. 6. He provided a second unsigned and undated DD Form 2656 showing he elected not to participate in the SBP. Section XI (Certification) of this form is blank. Section XXII (SBP Spouse Concurrence), item 32a (Spouse Signature), of this form shows the applicant's spouse's signature. Item 32b (Date) of this form is blank. Item 33 (Notary Witness) of this form notarized the applicant's spouse's signature in item 32a on 1 May 2017. REFERENCES: 1. 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. 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. 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 contends he never wanted to participate in the SBP. He was forced to take a retirement services class and complete the SBP election form in order to out-process from the Army. He is 100-percent disabled from the military and he can barely make choices for himself anymore without help. 2. The evidence of record shows he elected SBP spouse and children coverage prior to his disability retirement in July 2014. 3. He was medically retired with a 100-percent disability rating based on his diagnosis of post-traumatic stress disorder. 4. Since he has deployment-related mental health issues that impact his ability to think and concentrate, and his condition has only deteriorated, it is reasonable to presume he didn't clearly understand the SBP election terms and conditions at the time of his disability retirement. 5. His spouse concurs with his request to terminate participation in the SBP. 6. The Board may determine it would be equitable under these circumstances to correct his records to show he elected not to participate in the SBP prior to his disability 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) AR20160002982 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002982 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2