ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  28 February 2020

	DOCKET NUMBER:  AR20170017048

APPLICANT REQUESTS:  termination of Survivor Benefit Plan (SBP)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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:

*	he was misled to believe he needed to have SBP because of his combat injuries 
*	he mailed a check for July, but it was not cashed
*	they received a bill for more money
*	it is simply a waste of money
*	they feel it is a waste of their financial resources
*	the money could be spent better on an actual utility bill
*	they sent a check for $100 and it has not been cashed
*	they paid the full bill of $149 and then both were cashed

3.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  DD Form 2656 (Date for Payment of Retired Personnel) dated 
7 January 2013, which shows:

*	his retirement transfer date was 15 March 2013
*	his wife is named item 22a (Spouse)
*	he elected coverage for spouse only
*	he elected coverage based on his full gross pay

	b.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), which 
shows the applicant was honorably retired for a permanent disability on 14 March 2013.

4.  See applicable references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, and his separation (retirement for a permanent disability).  The Board 
considered the applicant’s elections on the DD Form 2656 (Date for Payment of Retired 
Personnel) completed prior to his retirement.  The Board found insufficient evidence to 
show that the applicant declined SBP coverage and that his spouse concurred in writing 
as required for such an election.  Based on a preponderance of evidence, the Board 
determined that the applicant’s current SBP election is not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.




























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.






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REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to       
do so.  

2.  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.  Elections are made by category, not by name.  An 
election to provide child-only coverage, or an election to decline participation in the 
SBP, must be made prior to the effective date of retirement or else coverage 
automatically defaults to spouse-only coverage (or child-only coverage, if applicable).

3.  Public Law 99-145, enacted 8 November 1985, but effective 1 March 1986, required 
a spouse's written concurrence for a retiring member's election that provides less than 
the maximum spouse coverage.

4.  Public Law 105-85, enacted 18 November 1997, established the option to terminate 
SBP participation.  Retirees have a 1-year period, beginning on the second anniversary 
of the date in which their retired pay started, to withdraw from SBP.  The spouse’s 
concurrence is required.  No premiums will be refunded to those who opt to disenroll.


ABCMR Record of Proceedings (cont)	AR20170017048
	
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