IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210013639 APPLICANT REQUESTS: in effect, correction of his records to show he declined 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 suffered a severe brain injury in the line of duty and was medically retired. He tried to have his wife present during his retirement briefings, but she could not be with him every day. He must have signed up for the SBP by himself. He absolutely does not recall enrolling in the SBP and he would not have if his wife had been present. 2. The applicant's DD Form 2656 (Data for Payment of Retired Personnel), 8 January 2021, shows he elected coverage for "Spouse and Child(ren)." He signed an SBP Retiring Soldier counseling statement certifying that he received SBP counseling and understood multiple aspects of the SBP. 3. On 17 March 2021, the applicant retired by reason of permanent disability. 4. On 20 April 2022, a member of the Army Board for Correction of Military Records staff contacted the applicant and requested a signed and notarized DD Form 2656-2 (Survivor Benefit Plan Termination Request) showing his spouse concurred with his declination of SBP coverage. 5. The DD Form 2656-2, 21 April 2022, shows the applicant requested termination of his participation in the SBP. His spouse concurred with his election. She certified she read and understood the disadvantages and advantages of this decision and she would receive no SBP benefits upon the applicant's death. The form was properly signed and notarized. 6. The applicant provided medical documentation relating to his traumatic brain injury. BOARD DISCUSSION: 1. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to grant relief to change his SBP coverage due to his medical situations. However, upon review of the applicant’s petition and available military records the Board determined there the applicant is in the window as a SBP participant to terminate SBP coverage during the 25th through 36th months subsequent to the participant’s first receipt of retirement pay. Evidence in the record show the applicant. began receiving retirement pay in March 2021. Consequently, the applicant will have an opportunity to terminate SBP coverage in 2023 and 2024. 2. The Board noted the applicant made his SBP elections more than two years after his head injury. Based on the applicant’s service record, the Board found insufficient evidence to support the applicant’s request for correction of his records to show he declined participation in the Survivor Benefit Plan (SBP). Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X X 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, 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. 2. Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provided less than maximum spouse coverage. 3. Public Law 96-402, enacted 9 October 1990, provided that any person who has elected to participate in the SBP and who is suffering from a service-connected disability rated by the VA as totally disabling and has suffered from such disability while so rated for a continuous period of 10 or more years (or, if so rated for a lesser period, has suffered from such disability while so rated for a continuous period of not less than 5 years from the date of such person's last discharge or release from active duty) may discontinue participation in the SBP by submitting a request to discontinue participation in the Plan to the Secretary concerned. Any such person's participation in the Plan shall be discontinued effective on the first day of the first month following the month in which a request is received by the Secretary concerned. 4. 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 (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. 5. 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) AR20210013639 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1