IN THE CASE OF: 

		BOARD DATE: 11 October 2023

		DOCKET NUMBER: AR20230000693


APPLICANT REQUESTS: the spouse of a retired and now deceased former service 
member (FSM) requests, in effect, payment of the Survivor Benefit Plan (SBP) annuity 
to her based on his death.

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

*	DD Form 149 (Application for Correction of Military Record)
*	FSM’s Certificate of Death, 
*	Supplemental Medical certification [of Death], 

FACTS:

1.  The applicant states the FSM would not have opted out of the Survivor Benefits Plan 
had he been properly counseled. He did not receive proper counseling on the SBP. He 
was not given information on the program. He was not told that he could enroll for up to 
two years with option to disenroll. He would have definitely signed up for this program 
had he received additional information.

2.  Review of the FSM’s service records shows: 

	a.  The FSM and applicant, were married on.

	b.  The FSM was appointed as a commissioned officer of the Army and entered 
active duty on 3 June 2001. He served in a variety of stateside or overseas 
assignments, and he attained the rank/grade of major (MAJ). 

	c.  On 31 March 2021, in preparation for his upcoming retirement, the FSM 
completed a DD Form 2656 (data for Payment of Retired Personnel). He indicated he 
was married to the applicant, and they had a dependent son (was born in 2003 and is 
not disabled). 

*	The FSM elected not to participate in the SBP
*	He and a Retirement Service Official authenticated the DD Form 2656 with their 
signatures (31 March 2021)
*	The FSM’s spouse (applicant) concurred with his election; she signed this form 
on 31 March 2021, and had her signature notarized. She acknowledged she had 
received information that explained the options available and the effect of those 
options, and that she understood retired pay would stop on the day the retiree 
dies 

	d.  The FSM retired on 30 June 2021, and he was placed on the retired list in his 
retired grade of MAJ on 1 July 2021, with 20 years and 28 days of active service. 

3.  The FSM died on. The Death Certificate lists his marital status as “married” and the 
applicant as the informant. 

4.  By law (10 USC 1448), SBP elections are made by category, not by name. For 
married personnel, an election to participate or to decline to participate in the SBP, and 
election must be made prior to the effective date of retirement, and in case of 
declination, spousal concurrence is required. 


BOARD DISCUSSION:

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 law, policy and 
regulation.  Upon review of the applicant’s petition and available military records the 
Board determined there is insufficient evidence that demonstrates the existence of an 
error or injustice. The Board determined former service member and his spouse jointly 
and voluntarily declined SBP participation on 31 March 2021. The applicant signed and 
acknowledged her understanding of the choice to decline SBP coverage with her 
notarized DD Form 2656. Furthermore, with her own admission, the applicant 
acknowledged she had received information that explained the options available and 
the effect of those options, and that she understood retired pay would stop on the day 
the retiree dies. The Board found insufficient evidence to support the applicant’s claim 
of inadequate counseling based on the applicant’s admission of understanding and her 
notarized declination for SBP coverage.  Therefore, the Board denied relief 


?
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, 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.  Elections are made by category, not by name; An 
election to decline to participate in the SBP must be made prior to the effective date of 
retirement or else coverage automatically defaults to full spouse (or child only coverage, 
if applicable) coverage)

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 decline coverage or 
provided less than maximum spouse coverage.

3.  Section 1448, Title 10, U. S. Code provides that if a person makes an election not to 
participate in the SBP, the person’s spouse shall be notified of that election. Spousal 
concurrence is needed only when a married person elects to provide an annuity for his 
spouse at less than the maximum level or to provide an annuity for a dependent child 
but not for his/her spouse.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000693


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1