ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 July 2019

	DOCKET NUMBER:  AR20170002191


APPLICANT REQUESTS: reinstatement of Survivor Benefit Plan (SBP) spouse 
coverage, and in effect payment of the SBP annuity based on the death of her husband, 
a former service member (FSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Marriage Certificate
*	Death Certificate
*	DD Form 2656 (Data for Payment of Retired Personnel) 
*	DD Form 2656-2 (SBP Termination Request)
*	Letter from the Defense Finance and Accounting Service (DFAS)
*	Retiree Account Statement
*	FSM DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant states she is requesting reinstatement of the SBP due to the fact that 
she had no knowledge that her husband terminated his SBP election.  She did not find 
out until after his passing that he decided to terminate SBP coverage (the original 
election at retirement was spouse/child coverage).  She was under the impression that 
she was covered under the SBP.  After his death, she was notified by DFAS that there 
were no benefits on file for SBP.  She started inquiring and went to her local casualty 
office to ask some questions.  The casualty representative verified that there were no 
SBP benefits listed.  She contacted DFAS to request a copy of the letter they said she 
signed.  She received the form (DD Form 2656-2) and she has never seen this form 
before and the signature on this form is not hers, and she was never notified that her 
husband terminated SBP.  It appears that someone forged her signature.  She would 
never have signed away her SBP benefit.  

2.  Review of the FSM's service records shows: 

	a.  the FSM was born in May 1935.  He and (the applicant) were married on 
9 November 1962.  
	b.  Having had prior service, the FSM was appointed as a Reserve warrant officer of 
the Army and executed an oath of office, and entered active duty, on 6 December 1980. 

	c.  On 29 May 1981, the U.S. Army Reserve issued the FSM a Notification of 
Eligibility for Retired Pay at Age 60 (20-Year Letter). 

	d.  On 27 February 1995, as he was reaching maximum age, the FSM completed a 
DD Form 2696.  He indicated that he was married to and they had two dependent 
children (born in February 1977 and February 1979 respectively; and neither was 
disabled).  He elected spouse and children SBP coverage based on the full amount.  He 
signed this form.  No other individual (witness or Retirement Services Officer) signed 
this form or witnessed the signature. 

	e.  He was honorably released from active duty on 31 May 1995 and transferred to 
the USAR Control Group (Reinforcement).  

	f.  He was also honorably discharged from the USAR on 31 May 1995, having 
reached 60 years of age. 

	g.  On 10 June 1998, the FSM completed an SBP Termination Request.  He 
submitted a DD Form 2656-2, a form that is used to voluntarily discontinue participation 
in the SBP.  He authenticated this form with his signature.  The form also shows the 
name and signature of his spouse, the applicant, certifying that she read and 
understood SBP coverage would discontinue, and that once the SBP is discontinued, 
she cannot reenter the plan.  A witness signed this form.  

	h.  The FSM's Retiree Account Statement for November 2013 shows he had 
discontinued SBP participation.  DFAS confirmed the FSM stopped paying SBP 
premiums since June 1998. 

	i.  On 23 May 2015, the FSM died, at the age of 79.  His death certificate listed the 
applicant as the informant and family member.

	j.  On 18 October 2016, the applicant wrote to DFAS requesting assistance in 
locating a copy of the form that claimed she concurred with her husband's SBP 
termination.   DFAS sent her the form. 

	k.  On 13 December 2016, the applicant signed a statement indicating she never 
received notification of SBP termination, nor did she ever sign the DD Form 2656-2.

3.  By law (Title 10, U.S. Code, section 1448(B)(1)(E), once SBP participation is 
discontinued, benefits may not be paid in conjunction with the earlier participation in the 
Plan and premiums paid may not be refunded.  Participation in the Plan may not later 
be resumed except through a qualified election under paragraph (5) of subsection (a) or 
under subparagraph (G) of this paragraph.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the termination document submitted by the FSM 
and the applicant on 10 June 1998, which included a signature of a witness, the Board 
found insufficient evidence of an error or injustice that would warrant reinstating the 
SBP coverage of the FSM.  The Board found that the 10 June election demonstrated 
that both the applicant and FSM knowingly elected to terminate the coverage at that 
time.

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, sections 1448-1553 govern the SBP.  

	a.  1448(2)(A), Standard annuity participants.— A person who is eligible to 
participate in the Plan under paragraph (1)(A) and who is married or has a dependent 
child when he becomes entitled to retired pay, unless he elects (with his spouse’s 
concurrence, if required under paragraph (3)) not to participate in the Plan before the 
first day for which he is eligible for that pay.  

	b.  1448(2)(B), Reserve-component annuity participants.—A person who (i) is 
eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a 
dependent child when he is notified under section 12731(d) of this title that he has 
completed the years of service required for eligibility for reserve-component retired pay, 
unless the person elects (with his spouse’s concurrence, if required under paragraph 
(3)) not to participate in the Plan before the end of the 90-day period beginning on the 
date on which he receives that notification.  A person who elects under subparagraph 
(B) not to participate in the Plan remains eligible, upon reaching 60 years of age and 
otherwise becoming entitled to retired pay, to participate in the Plan in accordance with 
eligibility under paragraph (1)(A).

	c.  1448a, A participant in the Plan may, subject to the provisions of this section, 
elect to discontinue participation in the Plan at any time during the one-year period 
beginning on the second anniversary of the date on which payment of retired pay to the 
participant commences.  A married participant may not (except as provided in 
paragraph (2)) make an election under subsection (a) without the concurrence of the 
participant’s spouse.  

	d.  1448(b)(1)(E). Consequences of discontinuation.—Once participation is 
discontinued, benefits may not be paid in conjunction with the earlier participation in the 
Plan and premiums paid may not be refunded.  Participation in the Plan may not later 
be resumed except through a qualified election under paragraph (5) of subsection (a) or 
under subparagraph (G) of this paragraph.


ABCMR Record of Proceedings (cont)	 AR20170002191

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