RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03963
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that she declined coverage
under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She completed DD Form 2656, Data for Payment of Retired
Personnel, electing not to take part in SBP and had it
notarized. When she received her first retirement check, it did
not appear Defense Finance and Accounting Service (DFAS)
received her form because no state taxes were being taken out,
her dependents were incorrect, and SBP was being taken out. She
called DFAS in August 2010 to correct the problem and was told
to fax a DD Form 2656.
In support of her request, the applicant provides a copy of DD
From 2656.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 August 2010, the applicant retired from the Utah Air
National Guard. She was married and had eligible children prior
to retirement. The applicant completed an election to decline
SBP coverage; however, her husbands concurrence was dated prior
to the date of her signature, invalidating the election. Absent
a valid election, DFAS established spouse and child coverage
based on full-retired pay to comply with the law. In the event
of her death, her husband is currently entitled to receive SBP
payments of approximately $1,353 per month.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR on 5 November 2010, they
requested the applicant obtain a notarized statement signed by
her husband to acknowledge he understands retired pay ceases
when the applicant dies and approval of her request would result
in him receiving no monetary benefit from the Air Force upon her
death. If the applicant had responded, DPSIAR would grant
relief using their authority under Title 10 USC 1454 to correct
administrative errors. Absent a valid concurrence statement, the
applicant may exercise her option under Public Law (PL) 105-85
to terminate all SBP participation beginning on 1 August 2012.
The complete DPSIAR evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 December 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, this office has not received a
response (Exhibit C).
________________________________________________________________
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 (OPR) and
adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In
absent of evidence to the contrary, we find no basis to
recommend granting the relief sought.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2010-03963 in Executive Session on 1 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Oct 10, w/atch.
Exhibit B. Letter, AFPC/DPSIAR, dated 2 Dec 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 Dec 10.
Panel
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