ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20160012697 APPLICANT REQUESTS: Disenrollment from the Survivor Benefit Plan (SBP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * June 2016 retiree account statement * self-authored letter * applicant and spouse’s driver licenses FACTS: 1. The applicant states he elected on his DD Form 2656 (Data for Payment of Retired Personnel) not to participate in the SBP. On 22 December 2015, he sat down with a counselor at Fort Polk, LA and discussed the SBP. He was told his wife had to agree to the declination also. They called his wife from the counselor’s office and his wife had to sign the DD Form 2656 and fax it to the counselor. They did this and somehow the form sent to Defense Finance and Accounting Service (DFAS) only had his signature on it. He felt he had ineffective counseling and he and his wife did what was requested of them. 2. A review of the applicant’s service record shows the following: * it is void of his initial DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) it contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing the following: * enlisted in the U.S. Army Reserve (USAR); entered active duty for training (ADT) on 20 August 1980 and was honorably released to his USAR unit on 7 July 1981 * he completed 9 months and 18 days of net active service with 6 years, 4 months, and 26 days of prior active service and 1 year, 4 months, and 4 days of prior inactive service * 20 July 1982; enlisted in the Regular Army (RA) * 19 July 1985; honorably released from active duty and transferred to the USAR Control Group Reinforcement; completed 3 years of net active service with 1 month and 25 days of prior inactive service * 27 February 1986; enlisted in the RA * 22 July 1989; honorably discharged from active duty; transferred to the 287th Transportation Company, AL; he completed 3 years, 4 months, and 26 days of net active service with 3 years of prior active service and 6 months, and 6 days of prior inactive service * 23 July 1989; enlisted in the USAR; served through one extension and two reenlistments * 17 September 1994; married Audra * 3 November 1999, Orders Number R-11-007275, issued by USAR Personnel Command, St. Louis, MO, ordered the applicant to active duty in the Active Guard/Reserve (AGR) for a period of 3 years * 13 August 2002, Orders Number R-11-007275A02, amended Orders Number R-11-007275 insomuch as extending his AGR commitment to 21 June 2003 * 25 November 2002, Orders Number R-11-007275A03, amended Orders Number R-11-007275A02 insomuch as extending his AGR commitment to 21 January 2006 * 12 January 2006; reenlisted indefinitely in the USAR and he understood he would be allowed to continue in an AGR status until he met his retention control point for his grade 3. His record is void of a DD Form 2656 being completed prior to his retirement. 4. On 31 March 2016, the applicant was honorably retired from the AGR and transferred to the USAR Control Group (Retired). His DD Form 214 shows he served 16 years, 4 months, and 24 days of net active service for this period with 7 years, 10 months, and 6 days of prior active service, and 9 years, 7 months, and 6 days of total prior inactive service. 5. On 5 April 2016, Fort Polk retirement services faxed the following documents provided to the ABCMR by DFAS: * DD Form 2656, dated 22 December 2015, completed in the presence of Ms. R_ A_; this form shows: * he was married and his date of marriage was 17 September 1994; he had one dependent child who was not disabled (18 years of age as of June 2016) * he elected not to participate in the SBP * he indicated he understood he could terminate SBP with his spouse's concurrence within 1 year after the second anniversary of commencement of retired pay * he and Ms. R_ A_ signed this form on 22 December 2015 * it is void of his spouses signature * Orders Number C-08-597371, released him from active duty and retired him * Order Number C-08-597371A01, changed his place of retirement to Fort Polk * Order Number C-08-512617A01, attached him to Fort Polk * Order Number C-08-512617, separation processing to occur at Fort Irwin, CA * Self-authored statement wherein he and his spouse decline SBP coverage on the attached DD Form 2656; they endorsed the letter with their signatures, however it is not notarized 6. The applicant provides: * retiree account statement showing a deduction of $571.62 for SBP costs * self-authored letter previously summarized in the record of proceedings * applicant and spouse’s driver licenses 7. See REFERENCES below on SBP legislation. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. His record is void of evidence that shows his spouse concurred with his decision not to elect SBP coverage prior to his retirement. The Board cannot assume he was not properly counseled as SBP elections are required when members request to start retirement pay. Public law provides for the retiree’s termination of SBP coverage on the first day after the two-year anniversary of his retirement for a one-year open window (1 April 2018 thru 31 March 2019). The applicant should apply to the ABCMR if he did not terminate coverage during this period because he was not aware of the statute; however, there will be no reimbursement of SBP payments already made. BOARD VOTE: Member 1 Member 2 Member 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X :X :X DENY APPLICATION ? 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. 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. ADMINISTRATIVE NOTE: Not applicable. 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. This law also provides that every member having a spouse and/or child(ren), who retired/transfers to the retired list on or after that date, is automatically covered under SBP at the maximum rate unless he/she elected otherwise before retirement or transfer to the retired list. 2. Title 10 U.S. Code (USC), section 1448, required notice to a spouse if a member elected not to participate in the SBP. The statute also provided for automatic enrollment for spouse coverage at the full base amount unless a member affirmatively declined to participate in the SBP prior to receiving retired pay. Title 10 USC, section 1448 was amended effective 1 March 1986 to require written concurrence by the spouse in a member's decision to decline the SBP or elect spouse coverage at less than the full base amount. 3. 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 dis-enroll. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160012697 2