ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  9 January 2020

	DOCKET NUMBER:  AR20190002276


APPLICANT REQUESTS: Correction of her record to show disenrollment from the 
Survivor Benefit Plan (SBP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Email correspondence
*	DD Form 2656 (Data for Payment of Retired Personnel), dated 29 March 2018
*	Marriage certificate

FACTS:

1.  The applicant states in pertinent part, she and her spouse elected not to continue 
with the SBP.  She received the required documentation, DD Form 2656 and submitted 
it to the Defense Finance and Accounting Service (DFAS) but was advised she needed 
to submit it prior to her retirement date.  She was not provided with the documentation 
or any retirement processing assistance prior to her retirement date.  She was recently 
advised she could elect to be removed from the SBP if the request was made within one 
year of her retirement date of 5 April 2018.  The monthly payment requirement for the 
SBP is a financial burden that is not needed for her spouse and they have no children 
who would benefit. 

2.  A review of the applicant’s official records show the following on:

*	10 October 2010 – the applicant married Mr. L- P-
*	20 November 2014 – the applicant was appointed as Reserve commissioned 
officer in the Army National Guard (ARNG) and executed an oath of office
*	14 February 2018 – an informal Physical Evaluation Board (PEB) convened, and 
the PEB found the applicant physically unfit and recommended a rating of 90% 
and her disposition be permanent disability retirement
*	5 April 2018 – the applicant was honorably discharged from the ARNG
*	the applicant’s records are void of a DD Form 2656 indicating an SBP election at 
the time of retirement 

3.  The applicant provides:

*	email correspondence wherein the applicant attempts disenrollment from the 
SBP through the submission of a DD Form 149, assistance from a retirement 
service officer with the state of CA, and through DFAS
*	DD Form 2656, dated 29 March 2018, showing the applicant declined SBP 
coverage and her spouse concurred

4.  See applicable SBP law below.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
is warranted.  The applicant should be disenrolled from SBP effective 29 March 2018 
and any payments collected for SBP refunded to her.

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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 that she declined 
SBP coverage and her spouse concurred applicant on 29 March 2018, and refund to 
her any payments collected for 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.


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REFERENCE:

Title 10 United States Code, section 1448a states a participant in the Plan may, subject 
to the provisions of this section, elect to discontinue participation in the Plan at any time 
during the one-year period beginning on the second anniversary of the date on which 
payment of retired pay to the participant commences.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190002276
	
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