RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03441
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that he declined Survivor Benefit
Plan (SBP) coverage; and, that he be reimbursed for SBP premiums
already deducted from his pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His original DD Form 2656, Data for Payment of Retired Personnel,
was in error and he was not notified of this problem until after
his retirement date.
In support of his appeal, the applicant provides two DD Forms
2656 - one dated 16 April 2010 (no signature of witness in Block
31a), and the other dated 10 August 2010 (signed by witness in
Block 31a).
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the New York Air National
Guard who retired effective 1 July 2010 in the grade of technical
sergeant (E-6).
On 3 November 2010, the Air Force Personnel Center (AFPC) Retiree
Services Section provided an SBP election concurrence statement
to the applicant to be properly completed by his wife; and, that
it be notarized and returned to their office not later than
15 November 2010 (Exhibit B). To date their office has not
received a response.
The remaining relevant facts extracted from the applicant service
records, are contained in the letter prepared by the Air Force
office of primary responsibility at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states that prior to his
retirement, the applicant completed an election to decline SBP
coverage; however, his unit failed to witness his signature,
invalidating the election. Absent a valid election, the finance
center established spouse and child coverage based on full
retired pay to comply with the law. In the event of his death,
his wife is currently entitled to receive SBP payments of
approximately $909 per month.
DPSIAR indicates the applicant has failed to respond to their
3 November 2010 letter requesting he obtain a notarized statement
signed by his wife to acknowledge she understands retired pay
ceases when the member dies, and approval of his request would
result in her receiving no monetary benefit from the Air Force
upon his death. Had the applicant responded to their request,
they could have granted the requested relief using their
authority under Title 10, United States Code, Section 1454 to
correct administrative errors. Absent a valid concurrence
statement, the applicant may exercise his option under Public Law
105-85 to terminate all SBP participation beginning on 12 July
2012.
DPSIAR states if the Boards decision is to grant relief,
approval should be contingent upon obtaining his wifes written
concurrence permanently terminating her entitlement to future SBP
payments.
The complete DPSIAR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 17 December 2010 for review and response within 30 days
(Exhibit D). 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 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 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 AFBCMR Docket
Number BC-2010-03441 in Executive Session on 19 July 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-03441 was considered:
Exhibit A. DD Form 149, dated 10 Sep 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 3 Nov 10, w/atch.
Exhibit C. Letter, AFPC/DPSIAR, dated 30 Nov 10.
Exhibit D. Letter, AFBCMR, dated 17 Dec 10.
Panel Chair
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