ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE:  19 April 2019

		DOCKET NUMBER:  AR20160013192


APPLICANT REQUESTS:  enrollment in the Survivor Benefit Plan (SBP) for spouse 
only coverage.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

FACTS:

1.  The applicant states he was told the SBP was life insurance and 90 percent of 
Soldiers declined it.  He was very misinformed as to what SBP actually is and was 
unaware of the annuity it offered.  The individual conducting the SBP briefing persuaded 
him not to accept the plan by not providing the proper information.

2.  Having had prior service, the applicant was ordered to active duty as a member of 
the U.S. Army Reserve on 4 January 2009.

3.  He and his spouse C____ married on 16 April 2011.

4.  On 1 April 2015 in connection with his upcoming retirement, he completed a 
DD Form 2656 (Data for Payment of Retired Personnel).  He indicated he was married 
to C____ and he had a son and two daughters.  He elected not to participate in the 
SBP.  Both he and his spouse were counseled and his spouse concurred with his 
election not to participate in the SBP.

5.  On 23 May 2015, he retired by reason of permanent disability.  He was placed on the 
Retired List in the rank/grade of sergeant first class/E-7 effective 24 May 2015.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined relief is 
warranted.  The applicant’s contentions were carefully consider.  The applicant’s 
DD Form 2656 shows he and his spouse was counseled, and both properly elected not 
to participate in the SBP.  He contends he was not properly counseled when making the 
election.  Public law provides the decision is irrevocable once an election not to 
participate is made by the member.  The Board agreed to correct his record to show he 
elected to participate before retirement.  The applicant must understand he may be 
required to provide payments to catchup the costs of premiums effective upon the date 
of his retirement.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:x	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 properly 
elected Survivor Benefit Plan (SBP) coverage for spouse and children based on full 
gross pay on 1 April 2015, and his election was received and processed in a timely 
manner by the appropriate DFAS office.  


	 
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(S):  not applicable.



REFERENCES:

1.  Public Law 92-425, enacted 21 September 1972, established the Survivor Benefit 
Plan (SBP).  The SBP provided military members on active duty an opportunity to 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 
retires/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, section 1448, mandates a notice to a spouse if a member 
elected not to participate in the SBP.  The statute also provides for automatic enrollment 
for spouse coverage at the full base amount unless a member affirmatively declines to 
participate in the SBP prior to receiving retired pay.  The statute requires written 
concurrence by the spouse in a member's decision to decline SBP or elect spouse 
coverage at less than the full base amount.

3.  Only a decision by Congress to initiate open enrollment season would allow a retiree 
to make a new election after retirement.  Such periods are rare.  The most recent open 
enrollment season was in 2005.

----NOTHING FOLLOWS----

ABCMR Record of Proceedings (cont)	 AR20160013192

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