ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR20170018904


APPLICANT REQUESTS: in effect, cancellation of his Survivor Benefit Plan (SBP) 
participation.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552) dated 30 October 2017
*	Decree of Dissolution, Superior Court of , dated 11 June 2014
*	DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for 
Quarters and/or Variable Housing Allowance) dated 30 January 2015
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) for period 
ending 28 February 2017
*	DD Form 2656 (Data for Payment of Retired Personnel) dated 31 March 2017
*	Defense Finance and Accounting Services (DFAS)-CL 7220/148 (Retire Account 
Statement) dated 15 March 2017
*	Letter, DFAS, dated 19 October 2017

FACTS:

1.  The applicant states he believes his DFAS denial is erroneous due to his divorce on 
11 June 2014 and DFAS' non-agreement with his Data for Payment of Retired 
Personnel and his Authorization to Start, Stop, or Change Basic Allowance for Quarters 
and/or Variable Housing Allowance.

2.  The applicant was divorced on 11 June 2014.  His Decree of Dissolution shows he 
has sole ownership of his military retirement, military disability, and no obligation to 
provide SBP benefits to his former spouse.

3.  The applicant completed DA Form 5960 to change his marital status as divorced.

4.  On 21 November 2016, a Personnel Records and Finance Records review were 
performed and the Records Manager commented that the service member was retired 
and on transition leave.

5.  He was honorably retired on 28 February 2017.  His DD Form 214 shows his type of 
separation as retirement with a narrative reason for separation as sufficient service for 
retirement.  

6.  On 31 March 2017, after he retired, the applicant completed a DD Form 2656 (Data 
for Payment of Retired Personnel).  He indicated that he was single, elected not to 
participate in SBP, and indicated he has no eligible dependents.

7.  The applicant provided a copy of his March 2017 Retire Account Statement showing 
SBP cost for premiums were being deducted from his retirement pay.

8.  On 19 October 2017, DFAS notified the applicant that his Data for Payment of 
Retired Personnel (DD Form 2656) application was deemed invalid, stating the 
application must be signed prior to his retirement.

9.  The law (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 on 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.  The effective date of termination is the first day of the first calendar month 
following the month in which the election is received by the Secretary concerned.

BOARD DISCUSSION:

After reviewing the application and all evidence, the Board determined relief was 
warranted.  The applicant’s contentions were carefully considered.  It is well known that 
Regular Army service members are required to apply for retired pay prior to the date of 
their separation.  The Board agreed there should not have been a need for him to 
request retired pay after he had already retired, and that was no fault of his own.  The 
Board determined his record should be corrected to show he elected not to participate 
in the SBP, and he should be reimbursed all payments already made. 

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 that the evidence presented was 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 he properly 
declined the Survivor Benefit Plan (SBP) on 28 February 2017, and his election was 
received and processed in a timely manner by the appropriate DFAS office.  Such relief 
should result in the repayment of any previously paid SBP premiums.  


	  
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.  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 on 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.  
The effective date of termination is the first day of the first calendar month following the 
month in which the election is received by the Secretary concerned.

2.  Department of Defense Instruction Number 1332.42, 23 June 2009, Survivor Annuity 
Program Administration states all program elections must be in writing, signed, and 
properly witnessed if required.  All elections are irrevocable unless otherwise provided 
by law.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170018904
	
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