RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00200 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His records be corrected to allow him to terminate his spouse 
only coverage under the Survivor Benefit Plan (SBP). 

 

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APPLICANT CONTENDS THAT: 

 

He and his wife have a much larger income and the funds currently 
going to the SBP could be better utilized with the current 
retirement investments they are making. 

 

The applicant's complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

Defense Enrollment Eligibility Reporting System (DEERS) records 
show the applicant and his wife married on 15 Sep 00. He made a 
valid election for spouse only coverage based on full retired pay 
prior to his 1 May 07 retirement. Since he elected maximum 
spouse coverage, his wife’s concurrence was not required. There 
is no evidence the applicant submitted a DD Form 2656-2, Survivor 
Benefit Plan (SBP) Termination Request, during the disenrollment 
period. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states there is no 
evidence of an Air Force error or injustice in this case. 

 

DPSIAR states that an SBP election may not be arbitrarily 
terminated as long as the beneficiary remains eligible; however, 
Public Law (PL) 105-85 (18 Nov 97) authorized retirees to 
terminate SBP coverage beginning on the 25th month and ending on 
the 36th month following retirement. Retirees must complete a DD 
Form 2656-2, and obtain the spouse’s notarized consent. 
Disenrollments are effective the month following the Defense 
Finance and Accounting Service-Cleveland (DFAS-CL’s) receipt of a 
properly completed request, which must have been postmarked not 
later than the end of the 36th month following the effective date 


of retirement. The law does not require DFAS-CL to individually 
notify retirees of their option to disenroll during the one-year 
period and there is no refund of premiums. 

 

There is no provision in the law that allows a participant to 
terminate an eligible beneficiary’s SBP coverage based on their 
financial status. The election form which the applicant signed 
two months prior to his retirement contains a specific statement 
that retiring members have been counseled on the termination 
provision. The applicant had the opportunity and ample resources 
to obtain information on the correct disenrollment procedures. 
Providing this applicant additional time to terminate his SBP 
coverage would be inequitable to other retirees in similar 
situations, and is not justified by the facts. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 11 Mar 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

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THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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. 

 

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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. 

 

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The following members of the Board considered Docket Number 
BC-2011-00200 in Executive Session on 1 Sep 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 13 Jan 11. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 9 Feb 11. 

 Exhibit C. Letter, SAF/MRBR, dated 11 Mar 11. 

 

 

 

 

 

 Panel Chair