RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02577
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to terminate her spouse and child coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was in the correct window to terminate SBP, but was given the wrong
form by personnel at the Minot AFB Military Personnel Flight. The
incorrect form was sent on 25 February 2008. The correct form was sent on
12 May 2008.
In support of her request, the applicant provided a copy of her DD Form
2656, Data for Payment of Retired Personnel, DD Form 2656-2, Survivor
benefit Plan (SBP) Termination Request, and a letter from the Defense
Finance and Accounting Service (DFAS) Retired and Annuity Pay Office.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and elected spouse and child SBP coverage based
on a reduced level of retired pay prior to her 1 February 2005 retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicant’s husband
concurred with her SBP election. However, the SBP counselor did not
properly witness her husband’s concurrence, invalidating the election.
Nevertheless, DFAS-CL erroneously established the requested coverage versus
full spouse coverage as required by law. The applicant became eligible to
disenroll between 1 February 2007 and 31 January 2008, but documents
provided by the applicant show that her first attempt to disenroll from the
SBP was made 25 days after the end of the one-year period.
The applicant’s claim that she attempted to disenroll from the SBP within
the one-year window is without merit, as she stated she did not contact the
MPF until 25 February 2008. Even though the incorrect form was sent to
DFAS-CL, her termination request would not have been accepted because PL-
105-85 contains no provision for waiving or extending the one-year period
authorized to terminate participation. Furthermore, item 32 on the
election form, which the applicant signed prior to her retirement, contains
a specific statement that retiring members have been counseled that SBP can
be terminated with the spouse’s written concurrence, within one year after
the second anniversary of commencement of retired pay. Providing this
applicant additional time and opportunity to terminate her SBP coverage
would be inequitable to other retirees in similar situations and is not
justified by the facts.
While the applicant may have been provided an erroneous form, PL 105-85
contains no waiver of the one-year period in which participants may
arbitrarily terminate SBP coverage.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 August 2008, a copy of the evaluation was forwarded to the applicant
for review and comment within 30 days (Exhibit C). 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. The applicant’s contentions are duly
noted; 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2008-
02577 in Executive Session on 2 October 2008, under the provisions of AFI
36-2603:
Mr. Alan A. Blomgren, Panel Chair
Ms. Jan Mulligan, Member
Mr. James G. Neighbors, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 July 2008, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 4 August 2008.
Exhibit C. Letter, SAF/MRBR, dated 22 August 2008.
ALAN A. BLOMGREN
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 | CY2004 | BC-2003-04100
_________________________________________________________________ STATEMENT OF FACTS: Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing prior to the servicemember’s retirement, in the SBP election that provides less than full spouse coverage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states the applicant contends the finance center did not have her husband’s information to process an election. ...
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.
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 | 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 | CY2008 | BC-2007-03613
_________________________________________________________________ APPLICANT CONTENDS THAT: Upon his retirement, he and his spouse did not elect SBP coverage. The remaining 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 at Exhibit B. DPSIAR states that DFAS-CL has no record of receiving a written request to terminate the applicant's SBP and the applicant did not...
AF | BCMR | CY2007 | BC-2007-00130
_________________________________________________________________ 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. The member had an opportunity to disenroll during the 98-99 period and ample resources to obtain information on correct...
AF | BCMR | CY2006 | BC-2005-02793
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...
AF | BCMR | CY2007 | BC-2007-01425
DPPRT states that Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing, prior to the servicemember’s retirement, in SBP elections that provide less than full spouse coverage. 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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been...
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.