BOARD DATE:  7 August 2020

		DOCKET NUMBER:  AR20190005671


APPLICANT REQUESTS: Correction of his record to show:

*	disenrollment from the Survivor Benefit Plan (SBP)
*	reimbursement of any premiums paid
*	a personal hearing before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 2656 (Data for Payment of Retired Personnel), dated 30 January 2008
*	Death certificate, dated 17 September 2016
*	DD Form 2894 (Designation of Beneficiary Information), dated 11 October 2016
*	Marriage certificate, dated 26 July 2017
*	DD Form 2656-6 (SBP Election Change Certificate), dated 11 October 2016 and 
	7 November 2018
*	Memorandum, Subject: Change Direct Deposit Information, dated 
	7 November 2018
*	Retiree account statement, dated 1 April 2019
*	Spouse's notarized letter

FACTS:

1.  The applicant states:

	a.  When discussing the initiation of the SBP with the retirement services office at 
Fort Lee, Virginia, on 10 November 2018, he was not made aware of the amount of 
money that would be taken from his monthly retirement and the possibility of going back 
and taking additional monies in order to place the SBP in effect.  One week after he was 
made aware of what the actual amount would be that was scheduled to be deducted 
from his monthly check, he requested Fort Lee cancel the request.  At that time, he was 
informed it could not be stopped, but they would send a request to the Defense Finance 
and Accounting Service (DFAS) to inquire and to see if it could be canceled.  He never 
received information back and called Fort Lee three more times to inquire without any 
success.  On 11 February 2018, he personally called DFAS and was informed that the 
request had not been processed and that it would have to run its course and once the 
first deduction of funds was taken out, he would then have to send a correction request 
to the Board.  

	b.  On his March retirement leave and earnings statement, there was a deduction of 
$273.23.  Since he is now totally retired, this is his only source of income except for a 
30 percent disability check.  When he retired in April 2008, he was married to his first 
wife of 48 years.  Upon her death in September 2016, he cancelled the SBP in October 
2016.  He married his current wife on 26 July 2017, and it was his intent to initiate the 
SBP benefit, and at that time he was under the impression the deduction was around 
$100.00.  As stated earlier, once he was made aware that the actual amount was 
$273.23, he informed Fort Lee, Virginia, to cancel the SBP (this occurred one week 
after it was initiated on 10 November).  His current wife does not need the extra income.  
They pay bills from a joint account.  With the recent loss of income, he is now not able 
to contribute to the joint account equally which is causing some concern in their 
marriage.

2.  On 30 April 2008, the applicant was retired from active duty.  He completed 21 
years, 7 months, and 6 days of net active service; 1 year, 6 months, and 4 days of prior 
active service; and 15 years, 2 months, and 6 days of prior inactive service.

3.  The applicant provides:

	a.  A DD Form 2656, dated 30 January 2008, showing at the time the applicant was 
married to P- H-.  He elected SBP spouse only coverage at a reduced base amount.

	b.  Death certificate showing P- H- died on 17 September 2016, and the applicant 
was the informant.

	c.  DD Form 2656-6, dated 11 October 2016, showing the applicant requested 
suspension of his SBP due to the death of his spouse.

	d.  Marriage certificate showing the applicant and Ms. E- H- were married on 
26 July 2017.

	e.  DD Form 2656-6, dated 7 November 2018, showing the applicant requested to 
resume his existing level of SBP coverage due to remarriage.

	f.  Retiree account statement showing a $273.23 SBP premium deduction.

	g.  Notarized letter wherein the applicant’s spouse states she is aware that 
disenrollment from the SBP would not entitle her to any SBP premiums upon the 
applicant's death.  
4.  See applicable references below.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.

2.  The Board noted that the applicant's current spouse concurs with his request to 
cancel SBP coverage and she has acknowledged the impact that will have on her 
should the applicant die.  The Board determined it would be appropriate to correct the 
record to show the applicant did not elect to resume SBP coverage following his 
remarriage and to refund any premiums he has paid as a result of his election to 
resume SBP coverage.  

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 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 he did not elect to 
resume spouse Survivor Benefit Plan coverage after he remarried.  Any premiums he 
has paid as a result of his original election should be returned to him.

		  
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.  Department of Defense Financial Management Regulation, Volume 7B;

	a.  A member who is participating with spouse coverage and who does not have an 
eligible spouse beneficiary may, upon remarriage: resume coverage, increase the level 
of coverage up to and including full retired pay, or elect not to have spouse coverage 
resumed.  Unless a member elects not to cover the new spouse within 1 year after the 
marriage, spouse coverage automatically resumes at the first anniversary of the 
marriage.

	b.  SBP elections become effective when the new spouse becomes an eligible 
beneficiary, and any increase in premium, plus interest, has been paid.  When the level 
of SBP coverage is increased, the member must pay the difference between the 
present premium and the premium that would have been incurred had the higher level 
of coverage been elected originally, plus interest.

	c.  If a member has spouse or spouse and child coverage and elects not to resume 
SBP participation for the spouse, the spouse must be notified.  An election to terminate 
spouse coverage is irrevocable.

	d.  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. The date of commencement of retired pay is defined as 
the date that the retiree becomes entitled to retired pay.

	e.  If termination is not otherwise prohibited by Title 10 United States Code, 
section1448, a spouse who concurs in the request for termination is considered notified 
in accordance with the law.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the ABCMR.  The ABCMR may, in its discretion, hold a 
hearing or request additional evidence or opinions.  Additionally, it states in paragraph 
2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director 
or the ABCMR may grant a formal hearing whenever justice requires

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190005671


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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