IN THE CASE OF:  

		BOARD DATE:  1 May 2020

		DOCKET NUMBER:  AR20190007087


APPLICANT REQUESTS: Correction of his record to show he elected the Survivor 
Benefit Plan (SBP) at a reduced rate of $3,500.00 when he retired.

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 29 March 2019

FACTS:

1.  The applicant states he is being charged the full rate for the SBP, when he elected 
the reduced rate of $3,500.00.

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

	a.  On 16 May 2007, having had prior Regular Army enlisted service, the applicant 
was appointed as a commissioned officer, and served in various positions.

	b.  On 31 March 2019, the applicant was honorably retired from active duty and 
transferred to the U.S. Army Reserve Control Group (Retired).  He completed 11 years, 
10 months, and 14 days of net active service, with 16 years, 1 month, and 16 days of 
prior active service.

	c.  The applicant’s records are void of a DD Form 2656 indicating an SBP election 
when he retired.

3.  The applicant provides a DD Form 2656 showing the following in:

	a.  Section 6 (Federal Income Tax Withholding Information), item 17, he was 
married.  

	b.  Section 10 (SBP Election), item 35 (SBP Level of Coverage), item b, he elected 
coverage with a reduced base amount of $3,500.00.
	c.  Section 12 (SBP Spouse Concurrence) the applicant’s spouse endorsed the form 
concurring with her spouse’s election of a reduced rate SBP election.

	d.  He and the retirement services officer endorsed this form with their signatures. 

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 elect SBP 
coverage at a reduced rate of $3,500.00 with spousal concurrence.  Such relief should 
result in the repayment of any previously paid overages of SBP premiums.    
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	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 
elected Survivor Benefit Plan (SBP) at a reduced rate of $3,500.00 on 29 March 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 overages of 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.  Department of Defense Financial Management Regulation, Volume 7b states, on 
21 September 1972, Public Law 92-425 established the SBP to provide a survivor 
benefit program for military personnel in retirement to complement the survivor benefits 
under Social Security laws.  The Plan gives all retiring Uniformed Services retirees an 
opportunity to elect to have their retired pay reduced by a designated amount in order to 
provide their survivors an annuity payable after the retiree’s death.  

	a.  The base amount may range from a $300.00 minimum up to full gross retired pay 
entitlement.

	b.  The maximum level is the full, gross retired pay used as a base amount for 
coverage.

2.  Title 10 United States Code, section 1448 (3)(a) states spousal concurrence is 
required to elect coverage at a rate less than the maximum level.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190007087


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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