RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04195 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he declined Survivor Benefit Plan (SBP) coverage for his spouse and son. ________________________________________________________________ APPLICANT CONTENDS THAT: He initially elected spouse and child coverage under the SBP, but he and his spouse subsequently changed their minds and timely notified Defense Finance and Accounting Service (DFAS) of his election to decline SBP coverage before he retired. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 31 March 2011, the applicant was relieved from active duty and retired, effective 1 April 2011, and was credited with 24 years, 8 months, and 8 days of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), with is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends approval due to the possibility of an administrative error. The applicant elected spouse and child SBP coverage based on full retired pay on 29 March 2011. However, on 31 March 2011, the day prior to the effective date of his retirement, the applicant submitted an SBP election change to decline SBP coverage and his wife concurred in his election. Although, he declined coverage, DFAS honored his initial election for spouse and child SBP coverage and SBP premiums were deducted from the applicant’s retired pay. The applicant has not provided an explanation as to why it took over a year to submit his request for correction. It was clearly his intent to decline coverage as evidenced by his subsequent election. Therefore, to preclude an injustice, the applicant’s record should be corrected to show he declined SBP coverage and his wife concurred in his election. A complete copy of the AFPC/DPFFF 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 27 September 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant corrective action. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion that the applicant was the victim of an error or injustice. Therefore, we recommend that the records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 31 March 2011, he declined coverage under the Survivor Benefit Plan (SBP) and his spouse concurred in the election. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04195 in Executive Session on 17 June 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 September 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFFF, dated 23 October 2012. Exhibit D. Letter, SAF/MRBR, dated 27 September 2012. Panel Chair