RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
	

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01848

	 	COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His records be corrected to reflect he declined coverage under the Survivor Benefit Plan (SBP).  


APPLICANT CONTENDS THAT:

He initially declined SBP.  However, he was erroneously advised to complete the DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, during his out-processing.  When the error was discovered, he was subsequently advised to accomplish the DD Form 2656, Data for Payment of Retired Personnel.

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 27 November 2012, the applicant was relieved from his assignment in the grade of staff sergeant and transferred to the retired reserve to await reserve retired pay at age 60.  He was determined to be physically disqualified for active duty and eligible for retirement except for attainment of eligibility age.  

On 27 November 2012, the applicant initiated a DD Form 2656-5, in which he elected Option A, declining to make a RCSBP election until age 60.  

On 29 November 2012, the applicant initiated a DD Form 2625, in which he elected not to participate in SBP.  

A copy of the marital status affidavits were forwarded to the applicant on 5 May 2014 (Exhibit C).  

The applicant responded with a signed and notarized affidavit, dated 21 June 2014, indicating that he is currently married and his spouse has completed a Release of Benefits.  
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E.  


AIR FORCE EVALUATION:

DFAS-JFBE/CL recommends denial.  In accordance with Title 10, United States Code (USC), Section 1448(a)(2)(A), a person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.  In this case, the applicant currently has SBP coverage for his spouse.  He was provided automatic coverage since the DD Form 2625 was signed and dated after his retirement date.

A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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


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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-01848 in Executive Session on 6 May 2015, under the provisions of AFI 36-2603:

	Vice Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 April 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 5 May 2014, w/atchs.
	Exhibit D.  Marital Status Affidavit-Retiree, dated  
                 21 June 2014.  
	Exhibit E.  Memorandum, DFAS-JFBE/CL, dated 5 August 2014. 
Exhibit F.  Letter, SAF/MRBR, dated 30 September 2014.
						
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