RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03441 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to show that he declined Survivor Benefit 
Plan (SBP) coverage; and, that he be reimbursed for SBP premiums 
already deducted from his pay. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His original DD Form 2656, Data for Payment of Retired Personnel, 
was in error and he was not notified of this problem until after 
his retirement date. 

 

In support of his appeal, the applicant provides two DD Forms 
2656 - one dated 16 April 2010 (no signature of witness in Block 
31a), and the other dated 10 August 2010 (signed by witness in 
Block 31a). 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the New York Air National 
Guard who retired effective 1 July 2010 in the grade of technical 
sergeant (E-6). 

 

On 3 November 2010, the Air Force Personnel Center (AFPC) Retiree 
Services Section provided an SBP election concurrence statement 
to the applicant to be properly completed by his wife; and, that 
it be notarized and returned to their office not later than 
15 November 2010 (Exhibit B). To date their office has not 
received a response. 

 

The remaining relevant facts extracted from the applicant service 
records, are contained in the letter prepared by the Air Force 
office of primary responsibility at Exhibit C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states that prior to his 
retirement, the applicant completed an election to decline SBP 
coverage; however, his unit failed to witness his signature, 
invalidating the election. Absent a valid election, the finance 
center established spouse and child coverage based on full 
retired pay to comply with the law. In the event of his death, 
his wife is currently entitled to receive SBP payments of 
approximately $909 per month. 

 

DPSIAR indicates the applicant has failed to respond to their 
3 November 2010 letter requesting he obtain a notarized statement 
signed by his wife to acknowledge she understands retired pay 
ceases when the member dies, and approval of his request would 
result in her receiving no monetary benefit from the Air Force 
upon his death. Had the applicant responded to their request, 
they could have granted the requested relief using their 
authority under Title 10, United States Code, Section 1454 to 
correct administrative errors. Absent a valid concurrence 
statement, the applicant may exercise his option under Public Law 
105-85 to terminate all SBP participation beginning on 12 July 
2012. 

 

DPSIAR states if the Board’s decision is to grant relief, 
approval should be contingent upon obtaining his wife’s written 
concurrence permanently terminating her entitlement to future SBP 
payments. 

 

The complete DPSIAR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 17 December 2010 for review and response within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 


rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03441 in Executive Session on 19 July 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-03441 was considered: 

 

Exhibit A. DD Form 149, dated 10 Sep 10, w/atchs. 

Exhibit B. Letter, AFPC/DPSIAR, dated 3 Nov 10, w/atch. 

Exhibit C. Letter, AFPC/DPSIAR, dated 30 Nov 10. 

Exhibit D. Letter, AFBCMR, dated 17 Dec 10. 

 

 

 

 

 

 Panel Chair