ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 April 2020

	DOCKET NUMBER:  AR20190004644


APPLICANT REQUESTS: Correction of his 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)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 
31 December 2018
*	Retirement service officer SBP counseling statement, dated 5 February 2019
*	DD Form 2656 (Data for Payment of Retired Personnel), dated 5 February 2019
*	Retiree account statement, dated 1 March 2019
*	Liberty National Life Insurance Company policies

FACTS:

1.  The applicant states he was automatically enrolled into the SBP.  When he called the 
Defense Finance and Accounting Service (DFAS) to correct the automatic election he 
was told to contact the Board.

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

	a.  On 1 April 1992, the applicant enlisted in the Regular Army.

	b.  On 18 May 2011, the applicant married Ms. H-.

	c.  On 31 December 2018, the applicant was honorably retired from active duty.  His 
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
completed 26 years and 9 months of net active service.

	d.  The applicant’s records are void of a DD Form 2656, which would indicate an 
election either to participate or not to participate in the SBP.



3.  The applicant provides:

	a.  DD Form 2656, dated 5 February 2019, showing the applicant declined SBP 
coverage, he had one dependent son (17 years of age at the time of application), who 
was not disabled, and his spouse concurred with the declination.

	b.  Liberty National Life Insurance Company policies showing various coverages for 
the applicant’s spouse.

4.  See applicable SBP laws below.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions, his military record, and regulatory 
guidance were carefully considered.  Public law provides a suspense for changing a 
SBP election after retired pay is started.  The Board agreed the record should be 
corrected to show he submitted a written and timely request to DFAS to decline SBP 
coverage with spousal concurrence.  Such relief should result in the repayment of any 
previously paid SBP premiums.    

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XX	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 he properly 
declined the Survivor Benefit Plan (SBP) on 5 February 2019, with proper spousal 
concurrence, and his election was received and processed in a timely manner by the 
appropriate DFAS office.  Such relief should result in the repayment of any previously 
paid SBP premiums.    

	  
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, provided that military 
members on active duty could elect to have their retired pay reduced to provide for an 
annuity after death to surviving dependents.  

2.  Department of Defense Financial Management Regulation (DODFMR) Volume 7b, 
states, an election to decline to participate in the SBP must be made prior to the 
effective date of retirement or else coverage automatically defaults to full spouse 
coverage.  Spousal concurrence is required when the member elects to decline 
coverage prior to the first day of eligibility to retired pay.  An SBP participant may 
choose to voluntarily discontinue SBP participation during a 1-year period which begins 
on the second anniversary of the date of commencement of retired pay.  Once 
participation is discontinued under this provision, no benefits may be paid in conjunction 
with the members’ previous participation.  No refund of any premiums properly collected 
will be made.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190004644
	
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