ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 June 2019

	DOCKET NUMBER:  AR20160019197


APPLICANT REQUESTS:  correction of his Survivor Benefit Plan (SBP) coverage rate from full coverage to reduced coverage

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* A “Corrected Copy” of DD Form 2656 (Data for Payment of Retired Personnel) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states when he went to the Retirement Services Office at MacDill Air Force Base, he elected SBP spouse coverage based on the reduced amount of $3,900.00.  He signed and dated the form on 18 June 2012.  However, when his wife signed the form concurring with the reduced annuity, she mistakenly entered 12 June 2012.  The Retirement Services Officer failed to notice the date discrepancy and notarized her signature on 18 June 2012 without correcting the date his spouse had entered.   

3.  The applicant provides a DD Form 2656, styled “Corrected Copy” which shows he elected spouse only SBP coverage with a reduced base amount of $3,900.00.  His spouse also signed the form concurring in his election.  Both signed the form on 2 November 2016.  A notary public witnessed the signature of applicant’s spouse that same day.            

4.  The applicant’s service record shows:

     a.  He entered the Army on 26 August 1990.

     b.  A DD Form 2656 showing that on 18 June 2012 he elected spouse only SBP coverage with a reduced base amount of $3,900.00.  His spouse signed the form and noted the date she signed as 12 June 2012.  A notary public witnessed her signature on 18 June 2012.  

     c.  He was honorably retired for length of service effective 1 September 2012.  
   
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  Based upon the DD Form 2656 found within the military service record, the Board concluded that the applicant’s intent was to provide SBP coverage at the reduced rate but based upon an administrative error on behalf his spouse, it was not accepted.  For that reason, the Board concluded that there was an error or injustice to not allow his participation in SBP; therefore, the Board recommended that the applicant’s record be changed to show he elected reduced coverage prior to 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 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 showing the applicant made a timely SBP election for spouse coverage at a reduced base amount of $3,900.00 and that the request was received and processed by the appropriate office in a timely manner.

	 
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.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Title 10, USC, section 1448, establishes the Survivor Benefit Plan (SBP).  It essentially states, in pertinent part, that eligible participants include persons entitled to retired pay and persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.  A standard annuity participant is a person who is entitled to retired pay and who is married or has a dependent child when he becomes entitled to retired pay.  A married person who is eligible to provide a standard annuity may not without the concurrence of the person’s spouse elect not to participate in the Plan, to provide an annuity for the person’s spouse at less than the maximum level, or to provide an annuity for a dependent child but not for the person’s spouse.  Concurrence to any such election must be obtained before the first day for which he is eligible for retired pay.

3.  The Department of Defense Financial Management Regulation, directs statutory and regulatory financial management requirements, systems, and functions for all appropriated and non-appropriated, working capital, revolving, and trust fund activities. Volume 7B, Chapter 43, addresses SBP elections and election changes.  Paragraph 430303 E states, in pertinent part, that written spousal concurrence is required when the member elects to decline coverage or to provide the spouse with less than the maximum SBP coverage available.  The signature of the spouse must be notarized.  The requirement to have the spouse’s signature notarized is not to suggest that the spouse has received additional counseling regarding the option being selected.  It simply provides certification that the spouse signed the form and acknowledges the election made on the form.  If all requirements for an election needing the spouse’s concurrence have not been satisfied prior to retirement, for whatever reason, full spouse costs and coverage will be implemented, regardless of any request by the member to do otherwise.  

ABCMR Record of Proceedings (cont)	 AR20160019197


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