IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20170008377 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20170008377 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. __________x_______________ CHAIRPERSON 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. IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20170008377 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests termination of his Survivor Benefit Plan (SBP) participation. 2. The applicant states: a.  He was automatically enrolled into the SBP because his DD Form 2656 (Data for Payment of Retired Personnel) was not completed during his out-processing. This error is causing a financial strain on his family and will continue to do so for the next 22 months unless his participation is terminated. b.  The SBP requirement is not listed on his DA Form 137-2 (Installation Clearance Record) or DD Form 2656. There was no mention of requiring a DD Form 2656 for receipt of retired pay. c.  He was instructed not to change his banking information during his finance appointment because his retired pay would be deposited there. d.  He reviewed, signed, and received copies of his DD Form 214 on his final day of active duty along with a finance appointment. 3. The applicant provides: * DA Form 137-1 (Unit Clearance Record), dated 18 June 2015 * DA Form 137-2, dated 19 June 2015 * DD Form 2656, dated 3 November 2015 * Retiree Account Statement * State of Washington, County of Pierce, Marriage Certificate * Certificate of Marriage * self-authored statement, dated 28 March 2017 * spouse statement, dated 28 March 2017 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 7 August 1995. 2. He provided a copies of his marriage certificates that show he married C____ A. L____ on 12 July 1997. 3. On 17 September 2014, a DA Form 4187 (Personnel Action) was submitted showing, in part, he requested voluntary retirement effective 1 October 2015 and he acknowledged he and his spouse had to be counseled about SBP within 60 days from retirement. 4. His DD Form 2648 (Preseparation Counseling Checklist for Active Component, Active Guard Reserve, Active Reserve, Full Time Support, and Reserve Program Administrator Service Members), dated 4 November 2014, shows, in part: a.  He identified financial management (Thrift Savings Plan, retirement, SBP, and military versus civilian pay and benefits) as one of his counseling areas of interest and as a basis for development of his individual transition plan. b.  He indicated that based upon the information he received during his pre-separation counseling, he and/or his spouse did not need assistance in developing his individual transition plan. 5. His DA Form 2339 (Application for Voluntary Retirement), dated 20 November 2014, shows, in part, he acknowledged he had been briefed concerning SBP and he understood he would automatically be in the plan and he would pay the full cost of coverage for his wife and children, if applicable, unless he submitted an election form to the contrary prior to his retirement. 6. On 2 December 2014, the Chief, Enlisted Retirements and Separations, U.S. Army Human Resources Command, provided a memorandum to his commander announcing approval of his request for voluntary retirement. This memorandum shows his commander was advised that the applicant had to initiate Army Career and Alumni Program services as soon as possible and he was not authorized to separate/retire without having a completed DD Form 2648 at the servicing transition center. 7. He provided copies of his DA Forms 137-1 and 137-2, both dated 19 June 2015, which shows he completed his unit and installation clearance. 8. On 30 September 2015, he retired. 9. He provided a copy of his DD Form 2656, dated 3 November 2015, that shows: * he acknowledged he had dependents and he elected not to participate in SBP * his wife concurred with his election 10. He provided a copy of his Retiree Account Statement, dated 2017, that shows, in part: * $139.97 was being deducted from his pay for spouse-only SBP coverage * he had paid 18 months toward his 360 months of paid-up SBP coverage 11. He provided an undated self-authored statement in which he stated SBP coverage was indeed declined a month after his official retirement date of 1 October 2015. 12. His wife provided a statement, dated 28 March 2017, stating both she and the applicant signed a form on 3 November 2015 wherein he declined SBP coverage with her concurrence. She also acknowledged that signing the form meant she would not be entitled to receive any portion of his retirement in the event of his death. REFERENCES: 1. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members 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, is 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 the 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 1448a, states a participant in the SBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay. 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. DISCUSSION: 1. The applicant contends he was automatically enrolled in the SBP because his DD Form 2656 was not completed prior to out-processing and this error is causing a financial strain on his family and will continue to do so for the next 22 months unless his participation is terminated. 2.  The evidence of record shows he underwent pre-separation counseling prior to his retirement and he acknowledged he had been briefed concerning SBP, and he understood he would automatically be enrolled in the plan and he would pay the full cost of coverage for his wife and children, if applicable, unless he submitted an election form to the contrary prior to his retirement. 3. He provided an undated self-authored statement in which he stated SBP coverage was indeed declined a month after his official retirement date of 1 October 2015. 4. The applicant may elect to discontinue SBP participation during the 25th through the 36th month after commencement of payment of retired pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170008377 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2