IN THE CASE OF:  

BOARD DATE:  6 March 2020

DOCKET NUMBER:  AR20180011103


APPLICANT REQUESTS:  Disenrollment from the Survivor Benefit Plan (SBP).

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 24 July 2018
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 31 May 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 that at the time of his retirement, he and his wife declined SBP 
coverage.  However, when he received his first retirement check, the deduction was 
shown.  He contacted the Defense Finance and Accounting Service (DFAS) and was 
told it would be corrected.  This did not correct the error and he was subsequently told 
the withholding would continue because his SBP election form was unreadable.

3.  The applicant retired from active military service on 31 May 2018, following the 
completion of 22 years, 11 months, and 16 days of honorable enlisted and 
commissioned officer service.

4.  The applicant's official military personnel file does not contain a copy of his SBP 
election document.

5.  The DFAS provided three copies of the applicant's Army RSO Survivor Benefit Plan 
(SBP) Retiring Soldier Counseling Statement and his DA Form 2656 (Data for Payment 
of Retired Personnel) dated 9 March 2018.  The DA Form 2656 has significant areas 
that are blacked or grayed out.  However, item 34 (SBP Benefits Categories) is clearly 
marked "I elect not to participate in SBP" and is clearly signed by his wife as concurring 
with that decision and properly notarized.  

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, the reason for his separation and the documents provided by DFAS.  The 
Board considered the DA Form 2526 where the applicant indicated he declined SBP 
and his wife signed indicating her concurrence, dated prior to the date of his retirement.  
Based on a preponderance of evidence, the Board determined that the applicant’s 
record should be corrected to reflect a declination of SBP. 

2.  After reviewing the application and all supporting documents, the Board 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 as follows:
-	Show that his properly constituted declination of SBP was submitted and 
accepted by appropriate officials prior to his retirement, and;
-	That, as a result of this correction, he be reimbursed all SBP premiums paid 
since his retirement.



 

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 92-425, the SBP, enacted 21 September 1972, states an election to 
decline to participate in the SBP must be made prior to the effective date of retirement 
or coverage automatically defaults to full spouse (or child only, if applicable) coverage.

2.  10 U.S. Code Subchapter II — Survivor Benefit Plan, Section?1454. (Correction of 
administrative errors) state the Secretary concerned may, under regulations prescribed 
under section 1455 of this title, correct or revoke any election under this subchapter 
when the Secretary considers it necessary to correct an administrative error.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20180011103


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20180011103


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ABCMR Record of Proceedings (cont)	AR20180011103


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