ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE: 19 August 2021

		DOCKET NUMBER: AR20210006090


APPLICANT REQUESTS: termination of his Survivor Benefit Plan (SBP) and 
reimbursement of premiums paid.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Letter to the Army Review Boards Agency, 5 October 2020
*	DD Form 2656-2 (SBP Termination Request), 20 July 2017
*	Defense Finance and Accounting Service (DFAS) Form Letter, undated

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he and his spouse declined SBP coverage in 2017; however, an 
error was made by the notary public who signed the form with the wrong date. The form 
was returned by DFAS in March due to the discrepancy. They were instructed to submit 
a correction to his records. Since this was not an error on the part of the retirement 
services officer, an administrative change to his selection could not be made by DFAS 
at that time.

3.  Headquarters, III Corps and Fort Hood, Orders 240-0217, 28 August 2013, retired 
him and placed him on the Retired List effective 1 July 2014.

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
retired on 30 June 2014.

5.  He provided his DD Form 2656-2, 20 July 2017, showing he and his spouse 
requested termination of the SBP coverage. Section III (Termination Request) and 
Section IV (Spousal Concurrence) show he and his spouse signed this form on 20 July 
2017. Section V (Certification) shows the notary public signed this form on 24 July 2017.

6.  The DFAS form letter, undated, states the DD Form 2656-2 they received was not 
valid because sections 4b, 5b, and 6e do not match. The dates must match for the form 
to be valid.

7.  The Defense Retiree and Annuitant Pay System shows:

*	1 July 2014 – he elected spouse and child SBP coverage
*	1 July 2017 – his coverage changed to spouse-only due to his youngest child 
aging out
*	his beneficiary is his spouse (H____)
*	he pays $376.23 per month and has made 85 payments

8.  The applicant was eligible to disenroll from the SBP with spousal concurrence 
between July 2016 and June 2017 by submitting a DD Form 2656-2 to DFAS.

BOARD DISCUSSION:

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

2.  The Board noted the applicant's attempted to terminate SBP coverage the month 
after his 1-year opportunity to do so had ended.  Further completing the matter, the 
DD Form 2656-2 he submitted was rejected due to an inconsistency in the dates on the 
form.  The Board determined it would be appropriate to correct the record to show he 
submitted his DD Form 2656-2 in June 2017 and his termination request was approved.  

3.  The Board further determined that this correction should only result in the 
reimbursement of SBP costs paid after June 2017.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:XX	:XX	:XX	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by showing he 
submitted his DD Form 2656-2 in June 2017 and his termination request was approved.  
As a result of this correction, he should be reimbursed for any SBP costs paid after 
June 2017.  

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to any relief in excess of that described above.
	 
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.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure 
to timely file within the 3-year statute of limitations if the ABCMR determines it would be 
in the interest of justice to do so.

2.  Public Law 105-85, enacted 18 November 1997, established the option to terminate 
SBP participation. Retirees have a 1-year period beginning on the second anniversary 
of the date on which their retired pay started to withdraw from SBP (cancellation or 
termination from the SBP begins the 25th month through the 36th month or the third 
year of retirement). The spouse's concurrence is required. The effective date of 
termination is the first day of the first calendar month following the month in which the 
election is received by the Secretary concerned. No premiums will be refunded to those 
who opt to disenroll.

3.  The DFAS website states a retired service member is free to cancel or terminate 
his/her SBP election beginning the 25th month through the 36th month or the third year 
of his/her retirement. As with declining at retirement, spousal concurrence is required.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210006090


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