RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03349
INDEX CODE: 137.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to withdraw from the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He called the Defense Finance and Accounting Service (DFAS) in Jul 00
to request to terminate his SBP and was told he should submit his
request after Oct 00. When he inquired again in Nov 00, he was told
the window to terminate his SBP had expired.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member elected spouse and child coverage under Reserve Component
Survivor Benefit Plan (RCSBP) when he became eligible for retirement
pay. His youngest child lost eligibility prior to Oct 97, when the
applicant began receiving retired pay. The applicant and his wife
submitted a notarized release document to DFAS six months after he
began receiving retired pay. 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.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this
application and states that Public Law (PL) 105-85, effective 18 Nov
97, provided a one year period beginning on the second anniversary of
the date of commencement of retired pay, during which the
participating members could choose to voluntarily discontinue their
participation in the SBP. The service member
must submit a completed DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request, with his spouse’s notarized signature concurring
with the termination request. The applicant was afforded the same
opportunities as other participants in the SBP. He was forwarded
information to his address of record regarding the SBP. PL 105-85
does not contain any provisions for waiving or extending the one-year
period authorized to terminate participation. To provide the
applicant additional time to terminate his SBP coverage would be
unfair to other members in similar situations, therefore they
recommend denying the applicant’s request.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A signed statement was received on 13 Mar 01 from the applicant’s wife
concurring with his request to terminate SBP coverage. The applicant
submitted a DD Form 2656-2 with his and wife’s signature on 16 Mar 01
(Exhibit D).
_________________________________________________________________
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. We took notice of the
applicant’s complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. 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. DFAS has no record of the
applicant submitting a valid SBP termination request. The applicant
had opportunities to obtain information regarding disenrollment
procedures. We note the applicant has now submitted a termination
request; however, PL 105-85 has no provisions for waiving or extending
the one-year period authorized to terminate participation in the SBP.
To provide the applicant additional time to terminate his
participation in SBP would be unfair to other retirees in similar
situations.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting 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 16 May 01 under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 00, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 8 Feb 00.
Exhibit C. Letter, SAF/MIBR, dated 23 Feb 01.
Exhibit D. Applicant’s Response, dated 2 Feb 01.
DAVID C. VAN GASBECK
Panel Chair
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.
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...
_________________________________________________________________ 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. ...
Applicant's complete submission, which includes a notarized statement from his current spouse requesting disenrollment, is attached at Exhibit A. 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. ________________________________________________________________ The following members of the Board considered this application in Executive Session...
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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 | CY2008 | BC-2007-04088
_________________________________________________________________ APPLICANT CONTENDS THAT: Her father has not had contact with his spouse for over 15 years and financially he can no longer afford SBP premiums. There is no record the applicant submitted a DD Form 2656-2 required to terminate his SBP coverage during the disenrollment period provided by PL 105-85. There is no evidence of an Air Force error or injustice in this case; therefore, DPPRT recommends the request be denied.
AF | BCMR | CY2003 | BC-2003-01550
The letter also explained that if she agreed with her husband’s child only election, she must sign and date the DD Form 2656 in the presence of a notary or a Military Personnel Flight (MPF) representative, and the form must be returned before her husband’s retirement date or maximum spouse coverage and costs will take effect. The applicant’s wife signed the election form eighteen days after his retirement date, evidence that the letter was received, and her signature was notarized in...
AF | BCMR | CY2006 | BC-2006-00657
The applicant provided a copy of the DD Form 2656-2 dated 30 Jun 98. Applicant provided a statement from his spouse, concurring with his request to terminate RCSBP. We note that the applicant’s spouse has submitted a statement concurring in the permanent revocation of her SBP coverage currently in effect; however, the eligibility period for this action was between the 25th and 36th month following the effective date of his retirement.
AF | BCMR | CY2005 | BC-2005-01269
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 01269 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 OCTOBER 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to terminate his spouse only coverage under the Survivor Benefit Plan (SBP) retroactive to the date of his Civil Service (CS) retirement (24 May 1973). PL 92-425,...
AF | BCMR | CY2002 | BC-2002-00895
To provide the applicant additional time to terminate his SBP coverage would be unfair to other members in similar situations, therefore they recommend denying the applicant’s request. On 22 Aug 02, the AFBCMR Staff, at the request of the Board, forwarded a letter to the applicant requesting he provide information regarding if guardianship has been established for his wife and clarification if the income requirement was regulated by state law or was it a policy of an agency within the state...