IN THE CASE OF: 

		BOARD DATE: 18 January 2022

		DOCKET NUMBER: AR20210009040


APPLICANT REQUESTS: termination of his participation in the Survivor Benefit Plan 
(SBP).

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).

FACTS:

1.  The applicant states he never signed any document electing SBP participation. 
There is no paperwork showing he elected SBP coverage because he didn't want to 
participate in the first place. He does not have the ability to access the Defense Finance 
and Accounting Service (DFAS) website, so he cannot show proof that he did not sign 
any document authorizing SBP participation.

2.  On 1 September 2020, an informal physical evaluation board determined the 
applicant, a drilling member of the Army National Guard, was physically unfit and 
recommended his permanent disability retirement with a disability rating of 80 percent.

3.  U.S. Army Physical Disability Agency Order D 255-19, 11 September 2020, retired 
him because of physical disability incurred while entitled to basic pay and placed him on 
the Permanent Disability Retired List with a disability rating of 80 percent effective 
16 October 2020.

4.  His Enlisted Record Brief shows he is married.

6.  The Defense Retiree and Annuitant Pay System has no SBP documents on file 
pertaining to the applicant.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the applicant's military records, the Board found that relief was not warranted. The 
applicant's contentions, his military records, and regulatory guidance were carefully 
considered.  Board members found no evidence to show the applicant declined SBP 
participation, with concurrence from his spouse. By law, service members who are 
eligible to participate in SBP upon retirement but who fail to make an election before the 
date they are placed on the Retired List will automatically have full, immediate SBP 
coverage for their dependent spouse and/or children as of the date placed on the 
Retired List. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XX:	XX:	XX:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

	 
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 92-425, 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.

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 the SBP. 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.  Department of Defense Instruction 1332.42 (SBP) establishes policy, assigns 
responsibilities, and provides procedures for administration of the SBP, Reserve 
Component SBP, Special Survivor Indemnity Allowance, and SBP Advisory Group. 
Paragraph 1.2 (Policy) states retiring members of the Uniformed Services will have the 
option to provide, in exchange for a reduction in retired pay, an annuity payable to their 
survivor or survivors upon their own death.

	a.  Uniformed Services members on active or inactive duty will be covered 
automatically by SBP:

		(1)  while in an authorized duty status and serving in the line of duty; and

		(2)  at all times while in a duty status, regardless of a line-of-duty determination, 
after becoming eligible for a Regular or Non-Regular (Reserve) retirement based on 
length of service.

	b.  All service members who are eligible to participate in SBP upon retirement but 
who fail to make an election before the date they are placed on the Retired List will, by 
law, automatically have full, immediate SBP coverage for their dependent spouse 
and/or children as of the date placed on the Retired List.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210009040


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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