ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 May 2019 DOCKET NUMBER: AR20160015204 APPLICANT REQUESTS: Disenrollment from the Survivor’s Benefit Plan (SBP) and cancellation of his SBP debt. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2656 (Data for Payment of Retired Personnel) x * DA Form 137-2 (Installation Clearance Record) * Orders 259-0144 * DA Form 31 (Request and Authority for Leave) FACTS: 1. The applicant states he completed the DD Form 2656 prior to 11 May 2016 electing to take part in the SBP, however both the counselor and the applicant incorrectly dated the form 16 May 2016. On 13 May 2016 the applicant and his wife drove to Fort Hood to Retirement Services to have the SBP election changed to reflect that they did not want to participant in the SBP. The Retirement Services representative made a copy of the previous DD Form 2656 and helped the applicant complete a new DD Form 2656 reflecting the applicant did not want to participate in the SBP. It was annotated on the top of the form it was the corrected copy. The first form dated 16 May 2016 appears to be the latter copy completed, however his DA Form 31 shows he signed out on Permissive TDY on 12 May 2016 and his Installation Clearing Record reflect he completed his final out on 11 May 2016. Since the original DD Form 2656 would have been completed prior to both events, it illustrates the 16 May 2016 date on the first DD Form 2656 is incorrect. 2. A review of the applicant’s records show: * 26 May 1989 to 12 July 1989 - the applicant was enrolled in the Delayed Entry Program (DEP) * 13 July 1990 - the applicant enlisted in the Regular Army (RA) * * 16 September 2015 - Orders 259-0144 show the applicant received his retirement orders with an effective date of 31 July 2016, he was placed on the retirement list on 1 August 2016 * Applicant completed two DD Form 2656 one notarized and dated 13 May 2016 and the second on no notarized dated 16 May 2016 * 11 May 2016 - the applicant DA Form 137-2 was stamped showing he was cleared from Fort Hood, TX * 12 May 2016 - DA Form 31 shows he signed out on PTDY/ Excess Leave * 31 July 2016 - applicant retired from the RA with 27 years and 18 days of net active service 3. Public Law 92-425, the SBP, enacted 21 September 1972, 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. 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, or authorized by law. 4. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP. 5. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant failing to obtain a notarized concurrence from his spouse within required timelines, the Board concluded there was no error or injustice. The Board wanted to instruct the applicant that if he could provide a signed and notarized statement from his spouse indicating she knows she’s entitled to SBP, she never wanted it, and she knowingly and voluntarily waives her right to the benefit, the applicant could resubmit for reconsideration BOARD VOTE: Mbr 1 Mbr 2 Mbr 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. 5/16/2019 CHAIRPERSON Signed by: 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. REFERENCES: 1. Public Law 92-425, the SBP, enacted 21 September 1972, 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. 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, or authorized by law. 2. Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-year period, beginning on the second anniversary of the date on which their retired pay started, to withdraw from SBP. 3. 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.