ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20160019318


APPLICANT REQUESTS:  adjust the Survivor Benefit Plan (SBP) coverage base 
amount from $3,000 to $5,455.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DFAS-CL 7220/148 (Retiree Account Statement)
*	Marriage Certificate
*	Translation of the Marriage Register of the Book of Vital Statistics
*	DD Form 2656 (Data for Payment of Retired Personnel)
*	Multiple letters to Army Review Boards Agency

FACTS:

1.  The applicant states he misunderstood the SBP base and monthly payment.  He 
would like to have an adjustment of his SBP base from $3,000 to $5,455, which would 
have a monthly cost of $354.57.

2.  The applicant provides:

	a.  A self-authored statement which is a follow up on his 30 July 2015 
correspondence with the Army Review Boards Agency.  That correspondence 
contained DD Form 2656, DD Form 149, marriage certificate and translation, and his 
most current at the time Leave and Earnings Statement.

	b.  DFAS-CL 7220/148, which reflects the applicant’s wife, MA, as the SBP 
beneficiary on record.  

	c.  His marriage certificate and translation of his marriage certificate that reflects 
marriage between the applicant and MA on 20 August 1983.  

	d.  DD Form 2656, dated 28 January 2015, which reflects an election of coverage 
with a reduced base amount of $3,000.

	e.  Correspondence between the Army Review Boards Agency and the applicant 
regarding his application.  

3.  A review of the applicant’s service record shows:

	a.  He was appointed and sworn in as a Reserve commissioned officer of the United 
States on 21 July 1982.  He entered active duty on 14 October 1982 and served in a 
variety of stateside and overseas assignments.  He and MA were married on 20 August 
1983.

	b.  He was honorably released from active duty on 1 August 1994 and was 
transferred to the U.S. Army Reserve Control Group (Reinforcement).  

	c.  He again entered active duty on 15 May 2002.  

	d.  On 21 August 2002, U.S. Army Human Resources Command (HRC) issued a 
Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

	e.  On 28 January 2015, in connection with his upcoming retirement, he completed a 
DD Form 2656.  This form shows he was married to MA and they did not have children.  
It further shows:  

*	in item 26, he elected coverage for his spouse only; 
*	in item 27, he elected a reduced base amount of $3,000
*	in section XI, he certified the document and it was witnessed

	f.  He retired on 31 May 2015 and he was placed on the retired list in his retired 
grade of colonel on 1 June 2015.  

	g.  His June 2015 Retiree Account Statement shows he has spouse SBP coverage 
at an annuity base amount of $3,000.

     h.  The record is void of any evidence showing that his spouse concurred, or 
currently concurs with anything less than the maximum coverage.

4.  By law:

	a.  An election made by a person who is eligible to participate in the plan and who is 
married when he becomes entitled to retired pay, unless he elects (with his spouse’s 
concurrence, if required) not to participate in the plan before the first day for which he is 
eligible for that pay is irrevocable if not revoked before the date on which the person first 
become entitled to retired pay.  

	b.  A married person who is eligible to provide a standard annuity may not without 
concurrence of the person’s spouse elect not to participate in the plan or to provide an 
annuity for the person’s spouse at less than the maximum level.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upono the DD Form 2656, dated 28 January 2015, 
showing that the applicant made a selection for the reduced SBP coverage, the Board 
concluded there was insufficient evidence of an error or injustice which would warrant 
making a change now to the applicant’s SBP coverage amount.

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.
	  
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:

Title 10, U.S. Code, section 1448:

	a.  Paragraph a (3) provides that a married person who is eligible to provide a 
standard annuity may not without concurrence of the person’s spouse elect not to 
participate in the plan or to provide an annuity for the person’s spouse at less than the 
maximum level.

	b.  Paragraph a (4) provides an election made by a person who is eligible to 
participate in the plan and who is married when he becomes entitled to retired pay, 
unless he elects (with his spouse’s concurrence, if required) not to participate in the 
plan before the first day for which he is eligible for that pay is irrevocable if not revoked 
before the date on which the person first become entitled to retired pay.  
  

ABCMR Record of Proceedings (cont)	 AR20160019318

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