RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00130
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he elected to terminate spouse only
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His wife has adequate financial resources; he needs the money now.
In support of his request, applicant provided a DD Form 2656-6, Survivor
Benefit Plan Election Change Certificate.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Air Force OPR states a review of the applicant’s record indicates the
member elected spouse only coverage based on full retired pay (immediate
option) under the Reserve Component SBP (RCSBP) on 5 May 79, after becoming
eligible to receive retired pay except for attaining age 60. He began
receiving retired pay effective 2 Feb 82, his 60th birthday. A thorough
review of Defense Finance and Accounting Service – Cleveland Center’s (DFAS-
CL’s) records did not produce any evidence the applicant submitted a DD
form 2656-2 during the disenrollment period.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT reviewed this application and recommends denial. They stated
there is no evidence of an Air Force error or injustice in this case.
An SBP election may not be arbitrarily terminated as long as the
beneficiary remains eligible. Public Law 105-85, 18 Nov 97, authorized
members, who were retired more than two years as of 17 May 98, a one-year
window during which they could disenroll from the SBP (17 May 98 – 16 May
99). Retirees had to complete a beneficiary’s notarized consent.
Disenrollments were effective the month following the DFAS-CL’s receipt of
a properly completed termination form, postmarked not later than 16 May 99.
There was no refund of premiums.
The member had an opportunity to disenroll during the 98-99 period and
ample resources to obtain information on correct disenrollment procedures.
Information, points of contact, as well as the DD Form 2656-2, were
included in the Afterburner, News for USAF Retired Personnel, published
during that timeframe and mailed to the member’s correspondence address he
had provided to the finance center. There is no basis in law to permit a
participant to arbitrarily terminate spouse coverage, and it would be
inequitable to other retirees in similar situations, to provide him an
additional opportunity.
The DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Feb 07, 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.
_________________________________________________________________
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 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 that
the applicant has not been the victim of an error or injustice. 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 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 Docket Number BC-2007-
00130 in Executive Session on 7 June 2007, under the provisions of AFI 36-
2603:
Ms. Kathy L, Boockholdt, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Janet I. Hassan, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00130 was considered:
Exhibit A. DD Form 149, dated 7 Sep 06, w/atch.
Exhibit B. Letter, AFPC/DPPRT, dated 16 Feb 07.
Exhibit C. Letter, SAF/MRBR, dated 23 Feb 07.
KATHY L. BOOCKHOLDT
Panel Chair
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 | CY2008 | BC-2007-01630
He elected spouse only SBP coverage based on full-retired pay prior to his 1 April 2001 retirement. Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and obtain the spouse’s notarized consent. Finally, the election form which the applicant signed five months prior to his retirement contains a specific statement that retiring members have been counseled on the termination provision.
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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 that the applicant has not been the victim of an error or injustice. However, the applicant will have an opportunity to discontinue participation in the SBP at any time during the one-year period authorized by PL 105-85, beginning on the second...
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Furthermore, Section V of the DD Form 2656-2 clearly instructed members to have their spouses’ signature notarized if not signed in front of an SBP counselor prior to submitting the form. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: It is evident to her that the DD Form 2656-2 was not completed properly due to a discrepancy between the date of their signatures and the date it was notarized. In their previous advisory, dated...
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AF | BCMR | CY2007 | BC-2007-00439
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