BOARD DATE: 6 February 2018 DOCKET NUMBER: AR20160004761 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: 6 February 2018 DOCKET NUMBER: AR20160004761 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: 6 February 2018 DOCKET NUMBER: AR20160004761 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 military records to show he declined to participate in the Survivor Benefit Plan (SBP). 2. The applicant states he did not complete nor sign a DD Form 2656-6 (SBP Election Change Certificate) or receive proper counseling authorizing the Defense Finance and Accounting Service (DFAS) to bill him for SBP premiums. 3. The applicant provides a copy of his DFAS SBP premium bill. CONSIDERATION OF EVIDENCE: 1. Having prior Reserve Component service, the applicant enlisted in the Kentucky Army National Guard on 15 February 2005. 2. He was ordered to active duty on 8 July 2005 as a member of the Kentucky Army National Guard in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 19 August 2005 to 17 August 2006. He was released from active duty on 8 September 2006. 3. He was again ordered to active duty as a member of the Kentucky Army National Guard in support of Operation Enduring Freedom on 15 August 2011. He served in Afghanistan and he was released from active duty on 20 December 2012. 4. On 15 April 2015, a physical evaluation board found him physically unfit due to post-traumatic stress disorder with unspecified depressive disorder, chronic post-traumatic headaches, and bilateral carotid artery dissections. The physical evaluation board recommended separation from the service by reason of permanent disability retirement with a disability rating of 100 percent. 5. On 10 June 2015, he retired by reason of permanent disability and he was placed on the Permanent Disability Retired List. Item 18 (Remarks) of his National Guard Bureau Form 22 (National Guard Report of Separation and Record of Service) states he was discharged without personal notice. 6. The Defense Finance and Accounting Service records show a default election to automatic SBP spouse coverage because they never received a DD Form 2656 (Data for Payment of Retired Personnel) for the applicant. 7. He provided a DFAS letter, dated 12 January 2016, stating that office was unable to process his request. An election to discontinue participation in the SBP can only be made during the 25th through the 36th month after commencement of payment of retired pay. Since he had only been retired for 6 months, he was not yet eligible to discontinue participation. 8. He also provided a DFAS SBP premium bill, dated February 2016, showing he owed $1,411.80. 9. There is no evidence showing his spouse concurs with his election not to participate in the SBP. 10. On 20 November 2017, the applicant was notified by letter that he should complete a DD Form 2656, indicating his SBP election option. He was instructed that his spouse must concur with his election if he elected not to participate in the SBP, and her signature must be notarized on the same date to validate her concurrence. He was advised to complete the DD Form 2656 with his spouse's concurrence and return it to the Army Board for Correction of Military Records within 20 days of the date of notification. He did not respond. 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 did not complete nor sign a DD Form 2656-6 or receive proper counseling authorizing DFAS to bill him for SPB premiums. 2. He was automatically enrolled in the SBP for spouse coverage because the Defense Finance and Accounting Service never received a DD Form 2656 for him. 3. At this time his records cannot be corrected to show he declined the SBP because his spouse's concurrence is required. The applicant should provide a notarized statement from his spouse concurring with his election not to participate in the SBP. The Board will reconsider his request at that time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004761 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004761 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2