RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04957 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 2656, Data for Payment of Retired Personnel, be corrected to reflect he declined the Survivor Benefit Plan (SBP) and his spouse concurred. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was not properly counseled and assisted in filling out the DD Form 2656. His servicing Force Support Squadron (FSS) failed to inform him of the importance of the form prior to sending it to the Defense Finance and Accounting Service (DFAS). 2. The FSS, instructed him to “find the form on the internet, fill it out and fax it to DFAS.” He was provided the wrong fax number and spent several days trying to locate the correct number. 3. Since his spouse was in another state she did not complete her portion of the form. He completed the form by himself and inadvertently put the wrong date in Section XI, Certification for himself and his witness. According to DFAS, the military personnel section (retirements) was required to counsel him on the form and witness his signature. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 Aug 12, the applicant was relieved from active duty and placed on the Temporary Disability Retired List (TDRL), effective 29 Aug 12. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. DPFFF states that the applicant completed an election to decline SBP coverage; however, his wife’s concurrence was dated prior to the date of his signature, invalidating the election. Absent a valid election, DFAS-CL established spouse and child coverage based on full retired pay to comply with the law. The applicant’s wife provided an additional concurrence statement, in which she acknowledged the permanent termination of her entitlement to future SBP protection and payments if relief is granted. While the applicant was properly briefed on the options and effects of the SBP, his original SBP election was invalidated by an error that was administrative in nature. DPFFF states to preclude an injustice, the applicant’s record should be corrected to show he declined SBP coverage and his wife concurred in his election effective 29 Aug 12. The complete DPFFF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 13, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We note AFPC/DPFFF recommends his records be corrected to reflect he declined SBP coverage and his spouse concurred with the election effective 29 Aug 12. However, elections to participate in the SBP programs are generally made at the time of retirement; therefore, we recommend his records be corrected to show that on 28 August 12, he declined SBP coverage and his spouse concurred with this election. Accordingly, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating APPLICANT be corrected to show that on 28 August 2012, he declined Survivor Benefit Plan (SBP) coverage and his spouse concurred with the election. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04957 in Executive Session on 17 Jun 13, 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 18 Oct 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPFFF, dated 22 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13. Panel Chair