RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04380
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to cancel his spouse coverage under the Survivor
Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. At the time of his retirement, he was never informed that he
only had 25 months to cancel SBP benefits.
2. His wife does not need SBP benefits when he dies due to her
substantial income from her retirement pension and investments.
3. While getting his financial affairs in order, he and his wife
decided they no longer need survivor benefits.
The applicant did not provide any documentation in support of
his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Dec 91, the applicant completed 20 years of satisfactory
service.
On 28 May 92, the applicant elected immediate annuity for spouse
coverage based on full retired pay.
On 9 Ju1 07, the applicant completed a DD Form 2656, Data for
Payment of Retired Personnel and elected not to participate in
SBP coverage.
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:
HQ ARPC/DPT recommends denial. DPT states the applicant was
notified that he was eligible to apply for reserve retired pay
on his 60th birthday, 25 Oct 97. Included with the letter was
some general information on retired pay, the appropriate pay
application forms, and information regarding his current Reserve
Component Survivor Benefit Plan (RSCBP). On 9 Jul 07, when the
applicant filled out his application for retired pay (DD Form
2656), he changed his election from spouse only to declining
participation. According to Title 10, U.S.C., section
1448(4)(B) an election to participate in the plan is irrevocable
if not revoked before the end of the 90-day period.
The applicant stated that he was unaware that he could
discontinue his SBP election after the second anniversary of
commencement of payment of retired pay. DD Form 2656, section
XII, item 32, second paragraph states Also, I have been
counseled that I can terminate SBP participation, with my
spouses written concurrence, within one year after the second
anniversary of commencement of retired pay. However, if I
exercise my option to terminate the SBP, future participation is
barred.
The DD Form 2656, the applicant submitted for pay does not have
his spouses signature.
The complete DPT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Jan 12 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
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 RECOMMENDS 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-2011-04380 in Executive Session on 31 May 2012, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Nov 11.
Exhibit B. ARPC/DPT, Letter, dated 30 Dec 11, w/atchs.
Exhibit C. SAF/MRBR, Letter, dated 6 Jan 12.
Panel Chair
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