AR20150009939

SAMR-RB 15 July 2016

MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531

SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20150009939

1. Reference the attached Army Board for Correction of Military Records of Proceedings, dated 28 June 2016, in which the Board members unanimously recommended denial of the applicant’s request.

2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by showing his spouse concurred with his
election not to participate in the Survivor Benefit Plan on 14 November 2014 and reimbursing him any monies for premiums already paid as a result of this correction.

3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 16 November 2016. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Encl

IN THE CASE OF:

BOARD DATE: 28 June 2016

DOCKET NUMBER: AR20150009939

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X____ ___X_____ ___X_____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 28 June 2016

DOCKET NUMBER: AR20150009939

BOARD DETERMINATION/RECOMMENDATION:

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

____________X_____________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 28 June 2016

DOCKET NUMBER: AR20150009939

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his military records to show he elected not to participate in the Survivor Benefit Plan (SBP).

2. The applicant states, in effect:

a. The date of his notarized spouse’s SBP election concurrence statement needs to be corrected.

a. His spouse is currently serving on active duty and is stationed in Korea. She was in the field during the timeline of the original deadline and she notarized the document as soon as she was able.

3. The applicant provides:

* DDForm2656 (Data for Payment of Retired Personnel)
* spouse SBP election concurrence statement
* retirement orders

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 23August 2007.

2. He provided a DDForm2656 showing he elected not to participate in the SBP on 14November 2014. SectionXXII (SBP Spouse Concurrence) of this form is blank.

3. On 19January 2015, he retired by reason of temporary disability and was placed on the Temporary Disability Retired List effective 20January 2015.

4. The Defense Finance and Accounting Service records show a default election to automatic SBP spouse coverage effective 20January 2015 because they never received a DDForm2656 for the applicant.

5. He provided a notarized spouse SBP election concurrence statement, dated 5March 2015, showing she concurred with his election not to participate in the SBP. This form also states, “I understand that if I non-concur, do not have my signature witnessed by a Notary Public, or fail to complete and return this statement by January19,2015 the effective date of my spouse’s retirement, my spouse will receive automatic Spouse SBP coverage based on full retired pay. If this document does not get to you before the above date or you cannot sign before the above date please continue with your election and attach a note as to why you could not complete this before the date.” A note of explanation is not attached to this statement.

REFERENCES:

1. Public Law92-425, the SBP, enacted 21September 1972, provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.

2. Public Law105-85, enacted 18November 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 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.

DISCUSSION:

1. The applicant’s DDForm2656 shows he elected not to participate in the SBP on 14November 2014 and SectionXXII of this form is blank. He was automatically enrolled in the SBP for spouse coverage because the Defense Finance and Accounting Service never received a DDForm2656 for him.
2. His spouse’s SBP election concurrence statement was not completed by 19January 2015 per the instructions and she did not attach a note explaining why she could not complete the statement before that date. However, the applicant contends his wife, an active duty Soldier serving in Korea, was out in the field on 14November 2014 and she notarized the concurrence statement as soon as she was able on 5March 2015.

3. His spouse’s SBP election concurrence statement, dated 5March 2015, showing she concurred with his election not to participate in the SBP was submitted less than 2months after he retired by reason of temporary disability.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009939

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009939

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2