RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-02332
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he disenrolled from the Reserve
Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He neglected to submit his disenrollment in time.
Applicant's complete submission, which includes a notarized statement
from his current spouse requesting disenrollment, is attached at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 27 September 1979, the applicant made an RCSBP election for his
spouse, based on full retired pay. He began receiving Reserve retired
pay under the provisions of Section 12731, Title 10, United States
Code (USC), effective 31 August 1980, his 60th birthday.
Public Law (PL) 105-85 (18 November 1997) authorized members, who were
retired more than two years as of 17 May 1998, a one-year window
during which they could disenroll from the SBP (17 May 1998 - 16 May
1999). Retirees had to complete a DD Form 2656-2, Survivor Benefit
Plan (SBP) Termination Request, and obtain the beneficiary’s notarized
consent. Disenrollments were effective the month following the
Defense Finance and Accounting Service - Cleveland Center’s (DFAS-
CL’s) receipt of a properly completed request. Termination forms must
have been postmarked not later than 16 May 1999.
The applicant admits that he neglected to submit the disenrollment
form in time.
________________________________________________________________
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed this application and
recommended denial. The applicant had ample time and resources to
obtain guidance on correct disenrollment procedures. Information,
points of contact, as well as the required form, were included in the
May 1998 issue of the Afterburner, USAF News for Retired Personnel.
This issue was mailed to each member’s address maintained by the
finance center, the same address on record as early as November 1993,
and where the member currently resides. To provide more flexibility
to the applicant would be inequitable and provide him an opportunity
not afforded other retirees in similar situations. If the Board
recommends granting the request, his record should be corrected to
show he disenrolled from the SBP under the provisions of PL 105-85,
effective 16 May 1999, with his wife’s concurrence.
A complete copy of the Air Force evaluation is attached at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
17 March 2000, for review and response within 30 days (Exhibit D). 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 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 probable error or injustice. After a thorough review
of the evidence of record and the applicant’s submission, including
his statement that he failed to submit his disenrollment in time, we
are not persuaded that relief is appropriate. Therefore, we agree
with the opinion and recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
is not entitled to the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 5 October 2000, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chairman
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 6 Mar 2000.
Exhibit D. Letter, SAF/MIBR, dated 17 Mar 2000.
DAVID C. VAN GASBECK
Panel Chair
DFAS has no record of the applicant submitting a valid SBP disenrollment request during the authorized timeframe to submit a request to terminate his enrollment in SBP. In this respect, PL 105-85 provides a one-year window of opportunity to disenroll from the SBP provided the service member submits a completed DD Form 2656-2, with the notarized signature of the beneficiary concurring with the termination of the SBP. _________________________________________________________________ The...
AF | BCMR | CY2003 | BC-2003-01361
He was told both times that he would not be able to cancel the plan until 1 Apr 03. Disenrollments are effective upon receipt of a properly completed request by DFAS-CL, postmarked not later than the member’s third anniversary of receiving retired pay. 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 their rationale as the basis for our...
A xxxx informed him that all he would need to do was complete DD Form 2656-2, Termination of SBP Request, have his spouse sign the request and forward the completed form to DFAS for processing. The applicant contends that he was improperly counseled about the options of having SBP reinstated at a future date. The applicant wanted to terminate his SBP coverage for his spouse immediately.
_________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...
AF | BCMR | CY2003 | BC-2003-01548
Since he was married and had dependent children at the time, he was automatically enrolled for full spouse and child coverage under the SBP. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-01548 in Executive Session on 30 September 2003 under the provisions of AFI 36- 2603: Mr....
AF | BCMR | CY2003 | BC-2002-01999
The member could have elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but failed to do so. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to applicant on 9 August 2002 for review and response within 30 days. After a thorough review of the evidence of...
AF | BCMR | CY2003 | BC-2003-02485
There is no evidence of an Air Force error or injustice, nor is there any basis in law to grant relief. In some states you are automatically divorced after such a length of time. After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that he should be allowed to terminate spouse coverage under the SBP.
AF | BCMR | CY2003 | BC-2003-01479
Since she elected maximum spouse coverage, her husband’s concurrence was not required. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed applicant’s request and recommends denial. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 3 June 2003, for review and response.
AF | BCMR | CY2006 | BC-2005-03820
On 11 March 1999, the applicant submitted a request to terminate his SBP coverage under the provisions of PL 105-85. PL 108-375 authorized an open enrollment period from 1 October 2005 through 30 September 2006 to enroll in SBP, but the law stipulates that servicemembers who terminated coverage under the provisions of PL 105-85 can not renter the program. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2003 | BC-2003-01282
_________________________________________________________________ STATEMENT OF FACTS: The applicant was unmarried and elected child only SBP coverage based on full retired pay prior to his 1 October 1992 retirement date. Records reflect the applicant and N--- married on 13 April 1993, but he failed to elect SBP coverage for her within the first year following their marriage. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...