IN THE CASE OF: 

		BOARD DATE:  2 February 2023

		DOCKET NUMBER: AR20220003903


APPLICANT REQUESTS: termination of his Survivor Benefit Plan (SBP) and relief of 
debt.

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

*	two DD Forms 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), 6 October 2022

FACTS:

1.  The applicant states he was unaware he would be automatically enrolled in the SBP 
if he did not respond within the required time. He was informed of the program during 
his transition briefing; however, there was no requirement that day to enroll or decline 
SBP participation. He was medically retired prior to meeting his 20-year obligation and 
had no intention of participating in the program. He did not elect to participate because 
he knew he would be on a fixed income due to the nature of his retirement. He is 
requesting removal from the program and cancellation of his outstanding debt. He was 
made aware of the debt upon receiving an invoice that indicated he owed nearly $900 in 
late payments. Remaining enrolled in the SBP would cause a financial hardship on his 
family.

2.  Headquarters, Joint Readiness Training Center and Fort Polk, Orders 112-0311, 
22 April 2021, released him from assignment and duty because of permanent physical 
disability with a 40-percent disability rating effective 16 July 2021. He was placed on the 
Retired List effective 17 July 2021.

3.  He retired from active duty on 16 July 2021. His DD Form 214 (Certificate of Release 
or Discharge from Active Duty) shows he completed 18 years, 5 months, and 4 days of 
active service. The narrative reason for separation is shown as "Disability, Permanent."

4.  The Defense Retiree and Annuitant Pay System shows no record of the applicant 
submitting a DD Form 2656 (Data for Payment of Retired Personnel).

5.  On 6 October 2022, he completed a DD Form 2656-2, requesting termination of his 
SBP. The DD Form 2656-2 was properly signed, dated, and witnessed, and contains 
the notarized spousal concurrence.

6.  He will reach the 25th month of his retirement effective 1 August 2023.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted. The applicant's contentions, his military records, and 
regulatory guidance were carefully considered.  Based upon the basic Army clearing 
process including SBP coverage, the justification from the applicant for relief “remaining 
enrolled in the SBP would cause a financial hardship” and the program’s terms allowing 
disenrollment beginning on the second anniversary of the applicant’s initial receipt of 
retirement pay, which arrives in July 2023, the Board concluded there was insufficient 
evidence of an error or injustice warranting a correction to the applicant’s record.

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.  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 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. No premiums will be refunded to those who opt to disenroll. 
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.

4.  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 3rd year 
of his/her retirement. As with declining at retirement, spousal concurrence is required.

5.  Periodically Congress authorizes an open enrollment season to allow retirees certain 
changes to their SBP participation or non-participation. The National Defense 
Authorization Act for Fiscal Year 2023 authorized an open enrollment season from 
23 December 2022 through 1 January 2024.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003903


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1