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AF | BCMR | CY2011 | BC-2010-02275
Original file (BC-2010-02275.doc) Auto-classification: Approved

                            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

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