RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00200
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to terminate his spouse
only coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his wife have a much larger income and the funds currently
going to the SBP could be better utilized with the current
retirement investments they are making.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Defense Enrollment Eligibility Reporting System (DEERS) records
show the applicant and his wife married on 15 Sep 00. He made a
valid election for spouse only coverage based on full retired pay
prior to his 1 May 07 retirement. Since he elected maximum
spouse coverage, his wifes concurrence was not required. There
is no evidence the applicant submitted a DD Form 2656-2, Survivor
Benefit Plan (SBP) Termination Request, during the disenrollment
period.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states there is no
evidence of an Air Force error or injustice in this case.
DPSIAR states that an SBP election may not be arbitrarily
terminated as long as the beneficiary remains eligible; however,
Public Law (PL) 105-85 (18 Nov 97) authorized retirees to
terminate SBP coverage beginning on the 25th month and ending on
the 36th month following retirement. Retirees must complete a DD
Form 2656-2, and obtain the spouses notarized consent.
Disenrollments are effective the month following the Defense
Finance and Accounting Service-Cleveland (DFAS-CLs) receipt of a
properly completed request, which must have been postmarked not
later than the end of the 36th month following the effective date
of retirement. The law does not require DFAS-CL to individually
notify retirees of their option to disenroll during the one-year
period and there is no refund of premiums.
There is no provision in the law that allows a participant to
terminate an eligible beneficiarys SBP coverage based on their
financial status. The election form which the applicant signed
two months prior to his retirement contains a specific statement
that retiring members have been counseled on the termination
provision. The applicant had the opportunity and ample resources
to obtain information on the correct disenrollment procedures.
Providing this applicant additional time to terminate his SBP
coverage would be inequitable to other retirees in similar
situations, and is not justified by the facts.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 Mar 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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. 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 Docket Number
BC-2011-00200 in Executive Session on 1 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 11.
Exhibit B. Letter, AFPC/DPSIAR, dated 9 Feb 11.
Exhibit C. Letter, SAF/MRBR, dated 11 Mar 11.
Panel Chair
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