RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03668
INDEX CODE: 137.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to reinstate Survivor Benefit Plan (SBP) coverage for
his current spouse.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was going through a divorce and inquired at Peterson AFB about how
to quickly terminate his SBP coverage on his wife. 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
further contends that he asked XXXX. if he would be able to reinstate
his SBP in the future if he remarried and XXXX. told him yes he would
be able to reinstate his SBP because he was terminating his coverage
now to due divorce. He requests that we review his request and allow
him to reinstate his SBP coverage for his current spouse, due to him
being improperly counseled.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that Public Law 105-85, 18 Nov 97, authorized
members who had been retired as of 17 May 98 for more than two
years, a one-year window to disenroll from the SBP. If the member
chose to terminate the SBP, they must complete the DD Form 2656-2,
with the spouse's signed notarized consent. The termination would
take effect the month following receipt by DFAS-CL. When terminating
SBP the member is not entitled to a refund of premiums and is barred
from reentering SBP.
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. The
applicant terminated his coverage under the appropriate provision of
the law.
DPPTR further states to approve the applicant's request would provide
him an opportunity not afforded to other retirees. They recommend his
request be denied.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 25 January 2002, for review and response. 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 timely filed.
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 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. The
applicant alleges that he received erroneous information regarding
future options if he disenrolled under the provisions of PL 105-85.
PL 105-85 provides service members a one-year window to disenroll from
SBP providing they have been retired for more than 2 years as of 17
May 98 and that future enrollment is barred. The applicant submitted
the completed DD Form 2656-2 with the notarized signature of his
spouse concurring with the termination. The DD Form 2656 clearly
states that once the coverage is discontinued that reenrollment is not
possible. The applicant wanted his
coverage terminated immediately and he did so under the appropriate
provision. Applicant has not established to our satisfaction that he
was unaware of the provisions of termination of coverage and its
effects. 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 23 April 2002, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 01, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 18 Jan 02.
Exhibit C. Letter, SAF/MRBR, dated 25 Jan 02.
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...
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_________________________________________________________________ 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.