IN THE CASE OF: 

		BOARD DATE: 14 December 2022

		DOCKET NUMBER: AR20220003799


APPLICANT REQUESTS:

*	correction of his records to show he declined to participate in the Survivor Benefit 
Plan (SBP) at the time of his retirement
*	reimbursement of premiums paid

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 2656-2 (SBP Termination Request), 5 October 2022

FACTS:

1.  The applicant states:

	a.  He submitted an SBP cancellation via a DD Form 2656 (Data for Payment of 
Retired Personnel) before his retirement date of 1 November 2021. He and his spouse 
both signed the DD Form 2656 on 25 October 2021 and the Defense Finance and 
Accounting Service (DFAS) received the form before his retirement date. The issue lies 
wherein the notary public did not enter a date in item 42 (Notary Witness) of the 
DD Form 2656. He and the Retirement Services Officer at Joint Base Lewis-McChord, 
WA, missed this error.

	b.  He has exhausted all administrative means by communicating consistently with 
DFAS and the Retirement Services Office at Joint Base Lewis-McChord, WA. Needless 
to say, there is nothing more he can do but file an appeal. He feels this technical error 
should not invalidate his request and he should not have to pay a huge price for such a 
very small miscalculation. He is respectfully appealing to this Board to grant him an 
exception by cancelling his SBP enrollment and refunding all of his payments made to 
DFAS.

2.  The U.S. Army Human Resources Command memorandum (Request for Voluntary 
Retirement – (Applicant)), 16 March 2021, approved the applicant's request for 
retirement effective 1 November 2021.

3.  The Directorate of Personnel and Family Readiness, Joint Base Lewis-McChord, 
Orders 079-0005, 20 March 2021, reassigned him for separation processing with a 
retirement/separation date of 31 October 2021.

4.  His DD Form 2648 (Service Member Pre-Separation/Transition Counseling and 
Career Readiness Standards E-Form for Service Members Separating, Retiring, 
Released from Active Duty) was completed on 10 June 2021.

5.  A review of his Army Military Human Resource Record (AMHRR) shows his 
DD Form 2656, 29 June 2021, was uploaded to his electronic records on 30 December 
2021. Item 34 (SBP Beneficiary Categories) shows he elected coverage for his spouse 
and child(ren).

6.  On 19 July 2021, he electronically signed his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 31 October 2021.

7.  His DD Form 2656, 23 October 2021, shows in:

*	item 34 – he elected not to participate in the SBP
*	item 40 (Witness) – the witness's name, , unsigned and undated
*	item 41 (Spouse) – his spouse's name and signature, dated 23 October 2021
*	item 42 (Notary) – the notary public's signature, undated

8.  He retired on 31 October 2021. His DD Form 214 shows in:

*	item 12c (Net Active Service This Period) – 16 years, 6 months, and 3 days
*	item 12d (Total Prior Active Service) – 4 years, 9 months, and 22 days
*	item 21a (Member Signature) – his electronic signature, dated 19 July 2021
*	item 22a (Official Authorized to Sign) – the Retirement Services Officer's 
signature, dated 25 June 2021

9.  His DFAS Retiree Account Statement, 21 September 2022, shows his SBP coverage 
as "Spouse and Child(ren)."

10.  His DD Form 2656-2 (SBP Termination Request), 5 October 2022, shows he 
requested to discontinue his participation in the SBP. His spouse concurred with his 
election. He and his spouse signed the form on 5 October 2022.



BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, 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 public law, 
policy and regulation. Public law provides a suspense for changing a SBP election after 
retired pay is started.  Upon review of the applicant’s petition and available military 
records the Board determined the record contains no documentation, and the applicant 
has submitted no documentation, indicating that DFAS has rejected his declination 
documentation or that the reason for DFAS’s was the defective notarization.  Evidence 
shows the DFAS denial was due to the missing date indicating a notary’s verification 
that the applicant’s spouse signed the documents in the presence of a notary. The 
Board noted, the applicant provided nothing to say otherwise.

2.  The governing regulation provides that 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. Evidence of record shows the applicant elected coverage for his spouse and 
child(ren) and subsequently retired on 31 October 2021. The Board agreed, the 
applicant has not demonstrated that the notarization defect is the dispositive reason
why he is unable to terminate his SBP coverage. As such, the Board determined 
evidence presented does not demonstrate the existence of a probable error or injustice.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	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.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

2.  Public Law 92-425, enacted 21 September 1972, repealed the Retired Serviceman's 
Family Protection Plan and established the SBP. The SBP 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. An election, once made, was irrevocable 
except in certain circumstances. The election must be made before the effective date of 
retirement or coverage defaults to automatic spouse coverage.

3.  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.

4.  Department of Defense Instruction 1332.42 (SBP) establishes policy, assigns 
responsibilities, and provides procedures for administration of the, to include the SBP 
Program.

	a.  Paragraph 4.3 (Elections) states all SBP elections must be in writing, signed by 
both the member and the spouse (if required), and properly witnessed by a notary, if 
required. All elections are irrevocable after the date the member is placed on the retired 
list.

	b.  Paragraph 4.6 (Discontinuing Participation) states a member may elect to 
discontinue participation in the SBP by submitting a DD Form 2656-2 (SBP Termination 
Request) only during the period that is more than 2 years, but less than 3 years, after 
the first date of entitlement to receive retired pay.

5.  Title 10, U.S. Code, section 1454 (Correction of Administrative Errors), states the 
Secretary concerned may, under regulations prescribed under section 1455 of this title, 
correct or revoke any election under this subchapter when the Secretary considers it 
necessary to correct an administrative error.

6.  Title 10, U.S. Code, section 1552 (Correction of Military Records: Claims Incident 
Thereto), states the Secretary of a Military Department may correct any military record 
of the Secretary's Department when the Secretary considers it necessary to correct an 
error or remove an injustice. Such corrections shall be made by the Secretary acting 
through boards of civilians of the executive part of that Military Department.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003799


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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