ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  17 April 2020

	DOCKET NUMBER:  AR20190011505


APPLICANT REQUESTS:  

*	correction of his Survival Benefit Plan (SBP) annuity election to reflect he 
declined SBP coverage 
*	reimbursement of SBP payments since 1 October 2018

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                           
18 September 2018
*	Order# 253-035

FACTS:

1.  The applicant states that the omission of the Notary Witness date from his 
original DD Form 2656 was not his fault.  This error was not noted during the original 
processing of his election by the Utah Army National Guard (UTARNG) nor the 
Active Duty Transition Officers.  He advised the Department of Finance and 
Accounting Services (DFAS) in October of 2018 upon his receipt of his Retirement 
Pay Notification.  He repeatedly attempted to address this error for approximately     
6 months with no result.  On 1 August 2019, he was advised to submit a                     
DD Form 149 for correction.  

2.  A review of the applicant’s available service records reflects the following: 

a.	On 11 March 1987, he enlisted in the Army National Guard. 

     b. On 2 August 1997, per his Enlisted Record Brief, is his basic active service 
date (BASD).
 
     c.  On 18 September 2018, his DD Form 2656 shows he declined participation in 
the SBP; spousal concurrence was also obtained and notarized.
     d.  On 30 September 2018, Order# 253-035, released the applicant from active 
duty and transferred him into the Retired Reserve; military records reflect service 
credit for over 20 years on active duty.

3.  The applicant provides the following a: 

a.	DD Form 2656 dated 18 September 2018 – reflective of his declination to 
participate in the SBP; void of notary date.

b.	DD Form 2656 dated 18 September 2018 (correction) – reflective of his 
declination to participate in the SBP; contains notary date.

c.	Order# 253-035 dated 10 September 2018 – reflective of his separation from 
the UTARNG effective 30 September 2018.

4.  See applicable guidance under REFERENCES below.
 
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
sufficient evidence to grant relief.  The applicant’s contentions, his military record, 
and regulatory guidance were carefully considered.  The Board agreed that there 
was sufficient evidence to show the applicant declined SBP, with spousal 
concurrence.  The Board determined the record should be corrected to show he 
submitted a written and timely request to DFAS, effective 18 September 2018, 
declining SBP.  Such relief should result in the repayment of any previously paid 
SBP premiums.  



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 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 18 September 2018, 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.  Army Regulation 600-8-7 (Retirement Services Program) states that Soldiers will 
make their SBP elections using the most current version of DD Form 2656 no later 
than 60 days before retirement when possible.  SBP elections made less than 60 
days prior to retirement may result in DFAS initially establishing automatic spouse 
SBP coverage.

2.  Married Soldiers may not decline, without the written, notarized concurrence of 
their spouses, to participate in SBP, to provide an annuity for the Soldier’s spouse at 
less than the maximum level, or to provide an annuity for a dependent child but not 
for their spouses.  The Soldier’s election must be dated on or before the spouse’s 
written notarized concurrence and the spouse’s written concurrence must be dated 
prior to the Soldier being placed on the retired list.

3.  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.  

4.  Department of Defense Financial Management Regulation (DODFMR) 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//

ABCMR Record of Proceedings (cont)	 AR20190011505

4

1