RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02275
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined to elect coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his spouse elected not to participate in the SBP. He faxed his
election not to participate in the SBP four times and the Defense Finance
Accounting Service (DFAS) enrolled them in SBP against their will.
In support of his request, the applicant provides copies of DD Form 2656,
Data for Payment of Retired Personnel and four facsimile cover sheets.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and had no dependent children prior to his
placement on the Temporary Disability Retired List (TDRL). He was briefed
on the options and effects of the SBP. He failed to complete a valid DD
Form 2656 and the DFAS-CL established spouse coverage as required by law.
The applicant was removed from the TDRL and permanently disability retired
effective 29 Apr 10.
The remaining relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air Force, which is
attached at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR requested the applicant provide a
notarized statement signed by his spouse acknowledging she understood
retired pay ceases when the service member dies, and approval of his
request would result in her receiving no monetary benefits from the Air
Force. DPSIAR also noted the applicant can exercise his option to
terminate his SBP participation beginning on 29 May 11.
The complete AFPC/DPSIAR evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant’s spouse states she did sign the DD Form 2656 dated 20 Apr
09, acknowledging she understood her husband’s retired pay will cease upon
his death. She also notes the form was notarized and faxed to the
appropriate persons.
She further states she does not recall receiving the 9 Jul 10 letter from
DPSIAR.
The applicant’s complete response, with attachments, is at Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case. We find the
applicant has provided sufficient documentation reflecting he properly
submitted a valid declination for SBP coverage. Therefore, we recommend
the applicant’s records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 28 May 2009, he declined to
elect coverage under the Survivor Benefit Plan, and his spouse, concurred
in his decision.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-
02275 in Executive Session on 16 Dec 10, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 10, w/atch.
Exhibit B. Applicant’s Master Military Personnel Records.
Exhibit C. Letter, AFPC/DPISAR, dated 31 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10.
Exhibit E. Letter, Applicant, dated 18 Oct 10, w/atchs.
Panel Chair
AF | BCMR | CY2010 | BC-2010-03963
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. 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. As of this date, this office has...
AF | BCMR | CY2012 | BC-2012-00286
DPSIAR indicates that since there is a possibility of Air Force error in this case, they recommend the applicant’s record be corrected to reflect he declined SBP coverage effective 21 June 2008. He wants his former spouse dropped from his SBP and is willing to pay for his son’s coverage since 30 June 2009. The following documentary evidence for AFBCMR Docket Number BC-2012- 00286 was considered: Exhibit A. DD Form 149, dated 10 Feb 12, w/atchs.
AF | BCMR | CY2010 | BC-2010-03441
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. We took...
AF | BCMR | CY2012 | BC-2012-03360
Subsequently, the applicant and his wife were provided information and briefed on the options and effects of the SBP by their office. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 August 2012, for review and comment within 30 days (Exhibit C). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...
AF | BCMR | CY2010 | BC-2010-02160
In support of his request, the applicant submits copies of his divorce decree, marriage certificate, DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, DD Form 2894, Designation of Beneficiary Information, retired account statements and letters to and from the Defense Finance and Accounting Service (DFAS). He sees no extraordinary circumstances that would support not enforcing the deemed election requirement given the fact correcting the record in...
AF | BCMR | CY2012 | BC-2012-04957
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04957 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 2656, Data for Payment of Retired Personnel, be corrected to reflect he declined the Survivor Benefit Plan (SBP) and his spouse concurred. DPFFF states that the applicant completed an election to decline SBP coverage; however, his wifes...
AF | BCMR | CY2010 | BC-2010-00088
___________________________________________________________________ APPLICANT CONTENDS THAT: She worked in the SBP office prior to her medical retirement when she filled out the SBP paperwork and sent it to her husband (who was in Army Basic Training at the time) for his concurrence. As of Apr 08, the SBP office had not received the DD Form 2656 signed by the applicants spouse. The DPSIAR complete evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-02019
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02019 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). A copy of the SAF/MRB evaluation is at Exhibit...
AF | BCMR | CY2007 | BC-2007-00703
However, her concurrence on the DD Form 2656, was dated prior to the date the member signed, which invalidated the election. However, should the applicant provide the Board a notarized statement from his spouse declining coverage the Board would reconsider his case. _________________________________________________________________ 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....
AF | BCMR | CY2011 | BC-2011-04870
There was a miscommunication; she thought she had one year from the date her former spouse signed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage to comply, not one year from the date of the divorce. The complete DPSIAR evaluation is at Exhibit B. The applicant has not demonstrated that extraordinary circumstances exist as required for this Board to grant relief in cases of competing SBP beneficiaries.