RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-04851
      COUNSEL: NONE
                           		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT: 

His Survivor Benefit Plan (SBP) coverage be cancelled and he be 
reimbursed for all SBP premiums withheld from his retired pay 
account.  

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APPLICANT CONTENDS THAT:

He has requested cancellation of his SBP coverage on five 
occasions.  Every time he was informed to submit additional 
paperwork; however, upon his last request, he was informed to 
submit an application to the Board.  

The applicant does not provide any additional evidence in 
support of his appeal.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant married on 1 October 2011 and retired effective 
1 March 2012.  

The remaining relevant facts, extracted from the applicant’s 
military personnel records, are contained in the evaluation by 
the Air Force office of primary responsibility at Exhibit C.   

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AIR FORCE EVALUATION:

DFAS-JFBE/CL recommends denial.  DFAS states the Air Force has 
confirmed they do not have a record of the applicant completing 
a DD Form 2656 prior to his retirement.  As a result, automatic 
SBP coverage was established.  In accordance with Title 10, 
United States Code (USC), Section 1449(a), a participant in SBP 
may elect to discontinue participation during the 25th through 
36th month after commencement of payment of retired pay.  In 
order to discontinue participation in the SBP, completion of DD 
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, is 
required.  

DFAS indicates that according to the law, they cannot 
discontinue the applicant’s SBP coverage.  However, if the Board 
should decide to grant the applicant’s request, the record 
should be corrected to show that he did submit a DD Form 2656 
declining SBP coverage for his spouse; they will adjust his 
retired pay account accordingly.  

The complete DFAS-JFBE/CL evaluation, with attachment, is at 
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 2 May 2014, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response.

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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 timely filed.  

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After 
reviewing the evidence of record, we are not persuaded that the 
applicant has been the victim of an error or injustice.  The 
evidence indicates the applicant did not make an SBP election by 
completing a DD Form 2656 prior to his retirement; therefore, 
since he was married at the time of his retirement, automatic 
coverage was established.  We find no error in his automatic 
enrollment.  We note that in accordance with Title 10, USC, 
Section 1448(a), the applicant can discontinue participation in 
the SBP during the 25th through the 36th month after his retired 
pay commenced, by completing and submitting a DD Form 2656-2, 
Survivor Benefit Plan (SBP) Termination Request.  However, such 
a request must include the concurrence of his spouse at the time 
of his 1 March 2012 retirement, if they are still legally 
married.  Therefore, based on the foregoing, we agree with the 
opinion and recommendation of DFAS-JFBE/CL and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Accordingly, 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 AFBCMR Docket 
Number BC-2013-04851 in Executive Session on 27 June 2014, under 
the provisions of AFI 36-2603:

	                     , Panel Chair
	                     , Member
			                     , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Oct 13.
	Exhibit B.  Letter, DFAS-JFBE/CL, 18 Nov 13, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 2 May 14.




					                  
								Panel Chair

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