RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00703
INDEX CODE: 137.01, 137.04
COUNSEL: NOT INDICATED
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 7 SEP 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he and his spouse declined
coverage under the Survivor Benefit Plan (SBP) prior to his
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his spouse decided not to participate in the SBP program and
declined coverage. His wife concurred with the decision not to
participate in the SBP, but she erroneously signed and dated the DD
Form 2656, Data for Payment of Retired Personnel.
In support of his request, applicant provided a copy of DD Form 2656.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was married and had an eligible child when he
retired from Shaw AFB, South Carolina on 1 November 2006. He declined
SBP coverage, and his wife concurred in his election. However, her
concurrence on the DD Form 2656, was dated prior to the date the
member signed, which invalidated the election. This invalidated
election caused the Defense Finance and Accounting Service (DFAS) to
establish spouse and child coverage based on full retired pay to
comply with the law. On 21 March 2007, a letter was sent to the
applicant requesting he provide a notarized statement signed by his
wife to acknowledge she understands retired pay ceases when he dies,
and approval of his
request would result in her receiving no monetary benefit from the Air
Force.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial. There is no evidence of error or
injustice in this case and we recommend the requested relief be
denied. The applicant has failed to respond to the request that he
provide a notarized statement signed by his wife declining coverage.
The DPPTR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 4 May 2007, for review and response. As of this date,
this office has received no response.
_________________________________________________________________
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. After a thorough review of
the evidence of record and applicant's submission, we are not
persuaded that the relief requested should be granted. Applicant's
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. We therefore agree with the
recommendation of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or an injustice.
However, should the applicant provide the Board a notarized statement
from his spouse declining coverage the Board would reconsider his
case. In view of the above and absent of persuasive 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 an material error or an 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-
00703 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 was considered:
Exhibit A. DD Form 149, dated 23 Feb 07, w/atchs.
Exhibit B. Applicant’s Mater Personnel Records.
Exhibit C. Memo, HQ AFPC/DPPTR, dated 26 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2006 | BC-2005-03410
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement he was erroneously briefed on his options for SBP. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states a servicemember who has eligible children at the time of retirement and declines to elect coverage for them under SBP, may not provide coverage for any child in the future, unless an open enrollment period has been...
AF | BCMR | CY2006 | BC-2005-00707
His former spouse has been paying premiums for Air Force SBP since his retirement from civil service. In support of his appeal, the applicant has provided a copy of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, a notarized statement giving the Air Force permission to give information to his former spouse about AFBCMR results, their divorce decree and a copy of his marriage certificate to his current spouse. ...
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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...
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AF | BCMR | CY2004 | BC-2003-04282
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AF | BCMR | CY2005 | BC-2005-00284
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00284 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he changed the base amount of his spouse and child coverage under the Survivor Benefit Plan (SBP) from full to a reduced level of retired pay. Since he elected maximum spouse coverage, his...