ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 April 2020

	DOCKET NUMBER:  AR20190004735

APPLICANT REQUESTS: 

*	back pay for Survivor Benefit Plan (SBP) payments

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	retirement orders 

FACTS:

1.  The applicant states:

*	she requests back pay for invalid processing of a non-selection of SBP benefits 
elected for retirement
*	she signed the SBP election on 22 February 2018 and retired on                                         
21 February 2018
*	she was not aware that signing on the date after her effective retirement date 
would cause the election to be processed regardless of her selection
*	her unit made her appointment for her to out-process on 22 February 2018
*	when out-processing, she was not able to back date her signature
*	she contacted Defense Finance and Accounting Service (DFAS) and they did not 
follow-up with her concerns until 27 February 2019
*	she was told she had to apply to the Army Board For Correction of Military 
Records to correct any discrepancies
*	the SBP election form is not in her record at Human Resources Command (HRC)

2.  The applicant provides Orders 088-1017, published by Headquarters, Indiana 
National Guard, dated 29 March 2018 showing she was placed in the Retired Reserve 
effective 20 March 2018.

3.  The applicant's records contain a DD Form 2656 (Date for Payment of Retired 
Personnel), dated 22 March 2018, wherein she elects not to participate in SBP.  Her 
husband signed the form on 22 March 2018 and his signature was notarized on the 
same date.
4.  An email from DFAS indicates the DD Form 2656 is invalid because the applicant 
and her spouse signed the document after her retirement date of 21 March 2018.  The 
document is dated 22 March 2018.
	
5.  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.  However, surviving children are only 
entitled to SBP payments until reaching age 22 in certain cases.  Changes in SBP 
options are not authorized except in specific instances, or authorized by law.

6.  Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required 
a spouse’s written concurrence for a retiring member’s election that provided less than 
maximum spouse coverage.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions, the 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 she 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 she properly 
declined the Survivor Benefit Plan (SBP) on 22 March 2018, with proper spousal 
concurrence, and her 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.  However, surviving children are only 
entitled to SBP payments until reaching age 22 in certain cases.  Changes in SBP 
options are not authorized except in specific instances, or authorized by law.

2.  Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required 
a spouse’s written concurrence for a retiring member’s election that provided less than 
maximum spouse coverage.


ABCMR Record of Proceedings (cont)	AR20190004735
	
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