RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: 

 DOCKET NUMBER: BC-2011-02926 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to terminate spouse and child coverage under the 
Survivor Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While out-processing and meeting with an SBP representative, he 
was given a retired pay estimate by finance that assisted in his 
decision to accept SBP. The retired pay estimate was a huge 
misjudgment. 

 

In support of the applicant’s appeal, he provides a copy of a SBP 
Cost and Annuity Estimate and DD Form 2656, Data for Payment of 
Retired Personnel. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflect the applicant married on 24 June 1994 and he made a valid 
SBP election for spouse and child coverage based on full retired 
pay, prior to being placed on the Permanent Disability Retirement 
List (PDRL) effective 18 April 2006. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DPSIAR recommends approval. DPSIAR states that since the 
applicant elected maximum spouse and child coverage, his wife’s 
concurrence was not required in June 2011, the applicant’s 
disability compensation from the Department of Veterans Affairs 
(DVA) exceeded his retired pay and a direct remittance account to 
recover SBP monthly costs was established. 

 


The applicant was provided a retirement pay estimate of 
$1,894 with a monthly cost estimate of $126 for full spouse and 
child coverage. The estimates were considerably higher than the 
final retired pay of approximately $700 (SBP cost of 
approximately $26 per month). However, the applicant could have 
disenrolled with his wife’s written concurrence during the one-
year period beginning 18 April 2008 as authorized by PL 105-85. 
Furthermore, the applicant signed an SBP Report of Individual 
Person (RIP), acknowledging he understood the options and effects 
of his actions pertaining to the plan at the time he was briefed 
on the SBP. Approval of this request would provide the applicant 
an opportunity not afforded other retirees. The applicant 
provides no explanation as to why it took over five years to 
submit his request for correction. It appears an inaccurate 
estimate of retired pay was provided; therefore, the member’s 
record should be corrected. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provided a sworn statement from his spouse stating 
she would like to permanently terminate the SBP entitlement for 
her husband. 

 

The applicant’s additional documentation is at Exhibit D. 

 

_________________________________________________________________ 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. After thoroughly 
reviewing the circumstances of this case, we believe favorable 
consideration of the applicant's request is warranted. We note 
the Air Force office of primary responsibility has indicated the 
applicant was provided an inaccurate estimate of his retired pay 
and as a result, was unaware the disability compensation from the 
DVA would exceed his retired pay. Based on this misinformation, 
the applicant elected to participate in the SBP. We also note 
the applicant's spouse has provided a notarized statement 
agreeing to permanently terminate her SBP entitlement. 
Therefore, in view of the above, we recommend the records be 
corrected as indicated below. 

 


_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 17 April 2006, 
he elected to decline coverage under the Survivor Benefit Plan. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02926 in Executive Session on 13 March 2013, under 
the provisions of AFI 36-2603: 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 August 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 19 September 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 21 October and 

 1 December 2011. 

 Exhibit D. Letter, Applicant’s Spouse, not dated.