ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 November 2020

	DOCKET NUMBER:  AR20180003101


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)
*	Data for Payment of Retried Personnel
*	Retiree Account Statement

FACTS:

1.  The applicant states:

*	his SBP election should be “none”
*	correction was attempted through the Human Resources Command (HRC) and 
the Retirement Services Office
*	he was instructed to complete the correction through the Board
*	he has maintained life insurance for protection of premature death
*	he has paid up his insurance for the past 15 years
*	he was instructed by Defense Finance and Accounting Services (DFAS) the error 
was corrected and would show on his retiree account statement in September 
2017
*	DFAS was contacted after he received his statement and saw the SBP was 
taken out
*	DFAS informed him to apply to the Board

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

	a.  Order, published by HRC, dated 11 May, placing him on the retired list 
effective 30 July.

	b.  A letter from U.S. Army Reserve Personnel Command, dated 18 November 
2000, subject Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), 
which states:

*	he's entitled to participate in the Reserve Component SBP
*	he had 90 calendar days from the date he received his 20 year letter to 
submit a DD Form 1883 (Survivor Benefit Plan-Election Certificate)
*	if he did not submit his election within 90 calendar days, he would not be 
entitled to SBP coverage until he applied for retired pay at age 60

	c.  Orders, published by HRC, dated 8 April 2004 assigning him to the Retired 
Reserve effective 24 March 2004.

	d.  DD Form 108 (Application for Retied Pay Benefits), dated 26 January 2017, 
which shows his date of birth to calculate when he would turn 60 years of age and that 
his retired pay would begin on 30 July 

3.  The applicant's service records is void of a DD Form 1883.

4.  The applicant provides the following documents for the Board's consideration:

	a.  DD Form 2656 (Data for Payment of Retired Personnel), which shows:

*	he is married
*	he elected not to participate in SBP
*	he signed the form on 19 January 2017
*	his wife signed the form on 19 January 2017
*	the form was notarized on 19 January 2017

	b.  A Retiree Account Statement for 8 September 2017, which shows SBP costs 
of $180.04 for spouse only coverage.

5.  See applicable references below.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is warranted.

2.  The Board noted the applicant’s spouse concurs with his decision not to participate 
in SBP and found that, as she is the party the program’s rules are designed to protect, 
her concurrence provides a basis for making the requested correction.  The Board 
determined the applicant’s record should be corrected to show he made a timely 
election not to participate in the Reserve Component SBP within 90 days of receiving 
his Notification of Eligibility for Retired Pay at Age 60.  
?

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 the evidence presented is 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 made a timely 
election not to participate in the Reserve Component Survivor Benefit Plan within 90 
days of receipt of his Notification of Eligibility for Retired Pay at Age 60 and by returning 
to him any Reserve Component Survivor Benefit Plan and Survivor Benefit Plan costs 
that have been withheld from his retired pay.  

													
	                                                                       
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:

Public Law 95-397, the Reserve Component SBP (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 SBP 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.  At the time, a member must have made the election 
within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or 
else have waited until he/she applied for retired pay and elected to participate in the 
standard SBP.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20170017048
	
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