ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


 BOARD DATE: 2 March 2020 
DOCKET NUMBER: AR20190006502
APPLICANT REQUESTS:

    *	records to show disenrollment from the Survivor Benefit Plan (SBP)
    *	reimbursement of payment from October 2018 to present 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
*	DD Form 149 (Application for Correction of Military Record)
*	U.S. Army Human Resources Command (HRC) letter, dated 27 November 2018
*	DD Forms 2656 (Data for Payment of Retired Personnel), dated 31 October 2018 
and 7 December 2018
*	Fax transmittal cover sheet
   *	Retiree account statement, dated 1 May 2019 
FACTS:
1.	The applicant states in pertinent part, he and his wife submitted a DD Form 2656 
with his original retirement. They were asked to resubmit a new DD Form 2656 and 
they immediately did. When he received his first retirement check the SBP payment 
was withdrawn even though they chose not to participate. He has tried numerous times 
to resolve it with the Defense Finance and Accounting Service (DFAS) and HRC and at 
their request faxed the requested documents to them. On 7 May 2019, he received a 
letter saying he would have to go through the Board. He has checked twice since 
receiving his retiree account statement, and DFAS states they have the documents 
showing he did not select the SBP but they cannot correct it.

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

   a.	6 June 1985, having had prior enlisted service in the U.S. Army Reserve, the 
applicant was appointed as a Reserve warrant officer in the Army National Guard 
(ARNG), executed an oath of office, and served in various positions.

   b.	26 August 1999, the Minnesota ARNG, Office of the Adjutant General issued the 
applicant a Notification of Eligibility for Retired Pay at Age 60.
   


   c.	5 January 2000, the applicant completed DD Form 1883 (SBP Election 
Certificate) indicating he elected Option A (Defer) declining to make an SBP election at 
the time.

d.	19 January 2002, the applicant married Ms. M- P-.

e.	31 October 2018, the applicant was honorably transferred to the Retired Reserve 
from the ARNG, he completed 24 years, 6 months, and 5 days net service this 
period, with 17 years, 9 months, and 11 days of prior Reserve service.

f.	31 October 2018, the applicant completed DD Form 108 (Application for Retired 
Pay Benefits), in conjunction with his retirement application DD Form 2656 was 
completed showing the following in:

*	part 3 (SBP), item 34 (SBP Beneficiary Categories), he elected not to 
participate in the SBP
*	part 5 (Spouse SBP Concurrence) the applicant’s spouse endorsed the 
form on 17 July 2018 indicating she concurred with the applicant’s 
declination in coverage

g.	7 December 2018, the applicant again completed a DD Form 2656 electing not to 
participate in the SBP and his spouse concurred.

3.	The applicant provides:

*	HRC letter, wherein the applicant was informed his retirement packet was 
missing DD Form 2656
*	fax transmittal showing the applicant was resending documents to DFAS based 
upon SBP deduction errors and they were asked to resubmit DD Form 2656
*	retiree account statement showing SBP deductions from the applicant’s retired 
pay

4.	See applicable SBP laws below.

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, a 20-year letter and the applicant’s deferral of his SBP election, the applicant’s 
request for transfer to the Retired Reserve and his receipt of non-regular retirement pay. 
The Board considered the HRC letter and the applicant’s communications with DFAS. 
The Board considered the 2 DD Forms 2656 and found that on both the applicant 
declined SBP, his spouse signed indicating her concurrence and her signature was 
witnessed by a Notary. Based on a preponderance of evidence, the Board determined
that the applicant’s records should be corrected to reflect his declining SBP prior to his 
retirement.




2.	After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

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:

-	the applicant’s DD Form 2656 reflecting his declination of SBP, with properly 
documented spousal concurrence, was completed and submitted prior to his 
retirement date;
-	his election to decline SBP was accepted and processed by the appropriate 
official, and;
-	the applicant is refunded any premiums collected since his first receipt of 
retirement pay.






  X	


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 95-397, the Reserve Component SBP (RCSBP), enacted 30 September 
1978, provided a way for those who had qualified for reserve retirement but were not yet 
age 60 to provide an annuity for their survivors should they die before reaching age 60. 
Three options are available:

*	A: elect to decline enrollment and choose at age 60 whether to start SBP 
participation
*	B: elect that a beneficiary receive an annuity if they die before age 60 but delay 
payment of it until the date of the member’s 60th birthday
*	C: elect that a beneficiary receive an annuity immediately upon their death if 
before age 60

2.	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.

3.	Department of Defense Financial Management Regulation, Volume 7b, states, 
elections in writing signed by the member, which contain all information necessary for 
declining coverage, are acceptable. Spousal concurrence is required when the member 
elects to decline coverage. The Secretary concerned may revoke an election when 
necessary to correct an administrative error. 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//