IN THE CASE OF: BOARD DATE: 27 February 2020 DOCKET NUMBER: AR20170019786 APPLICANT REQUESTS: retroactive termination of her Survivor Benefit Plan (SBP) enrollment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter * DA Form 137-2 (Installation Clearance Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Defense Finance and Accounting Service (DFAS) letter * Spouse SBP Election Concurrence Statement * DD Form 2656 (Data for Payment of Retired Personnel) FACTS: 1. The applicant states that she retired on 8 November 2016. On 21 October 2016 she signed her DA Form 2656; however, on that day, the out-processing office’s computers were not functioning properly so the date had to be manually typed in. At the time she was unaware of the error in the date. The correct date should read ‘20161021” (2016 October 21) rather than “20161121” (2016 November 21). Due to this clerical error, her spouse’s declination concurrence letter was rejected. She attempted to have this error corrected through DFAS, but she was unsuccessful. 2. A review of the applicant’s available service records reflects the following on: * 9 May 1991 – she enlisted in the Army National Guard * 7 June 2011 – she received her Notification of Eligibility for Retired Pay at Age 60 (20 year letter) * 19 October 2016 (Order# 293-0004) – she was released from assignment and placed on the Temporary Disability Retired List (TDRL) effective 7 November 2016 * 25 September 2018 (Order# D 268-40) – she was removed from the TDRL and Permanently retired effective 25 September 2018 3. The applicant provides the following a: * DA Form 137-2 (Installation Clearance Record) – reflective of her out-processing from Fort Belvoir, VA * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 7 November 2016 – reflective of her release from active duty and transfer into the Retired Reserve * Defense Finance and Accounting Service (DFAS) letter dated 5 May 2017 – reflective of their inability to process her SBP election due to discrepancies with the signature dates i.e. her spouse’s declination statement was signed prior to her election to decline participation * Spouse SBP Election Concurrence Statement dated 24 October 2016 – reflective of her spouse’s concurrence with her election to decline SBP coverage * DD Form 2656 (Data for Payment of Retired Personnel) dated 21 November 2016 – reflective of her election to decline participation in the SBP 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 that she signed her DA Form 2656 on 21 October 2016 declining SBP. 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 95-397, the Reserve Component RCSBP (RCSBP), enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start RCSBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Married Soldiers may not decline, without the written, notarized concurrence of their spouses, to participate in SBP, to provide an annuity for the Soldier’s spouse at less than the maximum level, or to provide an annuity for a de- pendent child but not for their spouses. By law, married Soldiers who fail to provide written spouse concurrence or an approved waiver of same before date of retirement will be enrolled in full spouse SBP or, if any type of child/children coverage is elected, full spouse and child/children SBP. Reservist on active duty are under the provisions of active duty SBP. 2. Title 10 USC 1448 states that a person who is eligible to participate in the plan under paragraph 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, not to participate in the plan before the first day for which he is eligible for that pay. By law, married Soldiers who fail to provide written spouse concurrence or an approved waiver of same before date of retirement will be enrolled in full spouse SBP or, if any type of child/children coverage is elected, full spouse and child/children SBP. Title 10, USC, section 1448(a)(4) states that SBP elections are irrevocable if not revoked before the date on which the member first becomes entitled to retired pay. 3. Public Law 105-85, enacted 18 November 1997, established the option from SBP. The spouse’s concurrence is required. No premiums will be refunded to those who opt for disenrollment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019786 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1