IN THE CASE OF: BOARD DATE: 10 March 2020 DOCKET NUMBER: AR20180003178 APPLICANT REQUESTS: termination of his participation in the Survivor Benefit Plan (SBP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * SBP/RSFPP Premium Bill * DD Form 2656 (Data for Payment of Retired Personnel) * Army Retirement Services Office (RSO) Survivor Benefit Plan Retiring Soldier Counseling Statement * Order# 228-0001 * Spouses’s notarized letter of consent, dated 4 March 2020 FACTS: 1. The applicant states that he was not properly explained the monthly cost associated with his participation in the SBP. He is currently having some financial challenges associated with his Post Traumatic Stress Disorder and is therefore unable to make the required monthly payment. His wife consents to the termination of his election to participate in the SBP. 2. A review of the applicant’s available service records reflects the following on: a. 24 November 2004 – he enlisted in the Army Reserve. b. 30 December 2004 – he was ordered to active duty. c. 16 August 2017 (Order# 228-0001) – he was released from active duty and placed in the Temporary Disability Retirement List (TDRL) effective 9 November 2017. d. 23 December 2019 (Order# D357-19) – he was removed from the TDRL and permanently retired effective 23 December 2019. 3. The applicant provides the following a: a. SBP/RSFPP Premium Bill dated February 2018 – reflective of a monthly SBP payment of $177.94 with previous balance due of $355.88; total payment due of $535.55. b. DD Form 2656 (Data for Payment of Retired Personnel dated 25 August 2017 – reflective of his election to participate in the SBP; coverage for his spouse and children. c. Army RSO Survivor Benefit Plan Retiring Soldier Counseling Statement dated 25 August 2017 – reflective of his previous receipt of SBP counseling; monthly cost reflected is $212.58. d. Order# 228-0001 dated 16 August 2017 – reflective of his release from active duty and placement on the TDRL effective 9 November 2017. e. Spouse’s Letter of Consent dated 4 March 2020 - reflective of her concurrence with the applicant’s request to decline participation in the SBP. 4. See all applicable regulatory guidance below under REFERENCES. 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, his disability processing and the dates of his temporary and permanent disability retirement. The Board considered the applicant’s election as reflected on a DD Form 2656 completed prior to his retirement. The Board considered the notarized letter of consent signed by the applicant’s spouse indicating her concurrence with the applicant’s declination of SBP. The Board majority found sufficient evidence to support a change to the applicant’s SBP election; one member found the evidence provided insufficient to show the applicant’s intent to terminate SBP. Based on a preponderance of evidence, the Board majority determined that a change to the applicant’s SBP election was appropriate. 2. After reviewing the application and all supporting documents, the Board majority found that relief was warranted. ? 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 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 to show: - The applicant submitted a request to terminate SBP on the second anniversary of the date on which his retired pay started and his spouse concurred; - That his request was accepted and processed by an appropriate authority, and; - That as a result of this correction, he be refunded any premiums collected after the date of his requested termination. 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. 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. 2. Army Regulation (AR) 600-8-7 (Retirement Services Program) states that all Active Army Soldiers will receive the DA pre-retirement briefing, including a SBP briefing, at least 12 months before their retirement dates or for medical retirements at the start of the medical retirement process. In cases where a Soldier requests to retire in less than 12 months, the Soldier will attend the next group preretirement brief or receive an individual pre-retirement brief from a Retirement Services Officer. 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 dependent 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. 3 Public Law 105-85, enacted 18 November 1997, established the option to terminate SBP participation. Retirees have a one-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 for disenrollment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003178 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1