RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05211 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: During his medical retirement out-processing - he was never given the opportunity to elect or decline SBP. In support of the applicant’s appeal he provides a copy of AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board and Special Order No. ACD-02913. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: DFAS-CL recommends denial. DFAS states Section 641, Public Law 105-85 provides for a one year period, beginning on the second anniversary of the date of commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation in SBP. Therefore, if the applicant would still like to withdraw from SBP, he can do so starting with the 25th month through the 36th month after his first eligibility to receive retired pay. The applicant can choose to withdraw from SBP on 29 July 2014 through 28 July 2015. He will need to submit a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, to the Defense Finance and Accounting Service during this one-year window. A DD Form 2656-2 is enclosed. The complete DFAS evaluation, with attachment, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 January 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ _ 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 an error or an 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 that the applicant can avail himself to withdraw from SBP on 29 July 2014 through 28 July 2015. 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2012-05211 in Executive Session on 20 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 November 2012, w/atchs. Exhibit B. Letter, DFAS-JBJE/CL, dated 11 January 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 21 January 2013.