RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00361
	XXXXXXXXXXXXXXX	COUNSEL: NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be allowed to change his spouse and child coverage under the 
Survivor Benefit Plan (SBP) from full to a reduced level of 
retired pay.

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APPLICANT CONTENDS THAT:

He made every effort to have the SBP reduced to the minimum rate 
prior to his retirement.  However, he was not successful since 
the SBP coordinator was on leave and no one else could assist 
him prior to his retirement.

The applicant provides no documents in support of his request.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  DPFFF states that an SBP election 
may not be arbitrarily terminated as long as the beneficiary 
remains eligible; however, Public Law 105-85 authorized retirees 
to terminate SBP coverage during the 25th through the 36th month 
after commencement of retired pay.  Retirees must complete a DD 
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, 
and obtain the spouse's notarized consent.  Disenrollments are 
effective the month following the Defense Finance and Accounting
Service - Cleveland Center's (DFAS-CL) receipt of a properly 
completed request, which must have been postmarked not later 
than the end of the 36th month following the effective date of 
retirement.  The law does not require DFAS-CL to individually 
notify retirees of their option to disenroll during the one-year 
period and there is no refund of premiums.  With regard to the 
applicant’s attempt to change his SBP election to a reduced 
level of coverage after his retirement date; item R(1) of the 
SBP Report of Individual Person (RIP) clearly states the DD Form 
2656, Data for Payment of Retired Personnel, must be completed 
and provided to the SBP Counselor prior to his retirement date.  
This would include any changes to his original election.  The 
applicant's signature in Section XI, Item 30a, of the DD Form 
2656 also indicates acknowledgment he received counseling that 
he could terminate SBP participation, with his wife's written 
concurrence, within one year after the second anniversary of 
commencement of retired pay.  Approval of this request would 
provide the applicant an opportunity not afforded other 
retirees.  The applicant may disenroll with his wife's written 
concurrence, during the one-year period beginning 1 Jan 2015 as 
authorized by PL 105-85.

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 Jun 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

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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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or 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 as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Therefore, 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 this application 
in Executive Session on 30 Sep 2013, under the provisions of AFI 
36-2603:

      , Panel Chair 
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2013-00361:

    Exhibit A.  DD Form 149, dated 15 Jan 2013.
    Exhibit B.  Letter, AFPC/DPFFF, dated 22 May 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 2013.




								
								Panel Chair