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AF | BCMR | CY2012 | BC-2012-00286
Original file (BC-2012-00286.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 

  

 
 

 
 

DOCKET NUMBER:  BC-2012-00286 
IN THE MATTER OF:   
COUNSEL: NONE 
      
HEARING DESIRED: NOT INDICATED 
 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His record be corrected to show he declined Survivor Benefit Plan 
(SBP) coverage.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He and his wife declined coverage when they completed the DD Form 
2656, Data for Payment of Retired Personnel, in August 2008.   
 
In support of his appeal, the applicant provides copies of his DD 
Form 2656 and Divorce Decree.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  Defense  Enrollment  Eligibility  Reporting  System  (DEERS) 
reflects the applicant and his former wife were married on 15 May 
2008.    At  that  time,  the  applicant  acquired  sponsorship  of  his 
spouse’s  three  minor  children.    On  21  June  2008,  the  applicant 
was  placed  on  the  Temporary  Disability  Retired  List  (TDRL); 
however, he was not briefed on the options and effects of the SBP 
until  28  August  2008.    The  applicant’s  election  to  decline  SBP 
coverage  and  his  wife’s  concurrence,  are  dated  29  August  2008, 
after  the  effective  date  of  his  retirement.    Therefore,  the 
Defense  Finance  and  Accounting  Service  (DFAS)  established  full 
spouse and child coverage as required by law.  The applicant was 
transferred  from  the  TDRL  to  the  Permanent  Disability  Retired 
List (PDRL) effective 11 July 2011.   
 
The remaining relevant facts are contained in the letter prepared 
by  the  Air  Force  office  of  primary  responsibility  (OPR)  at 
Exhibit B.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR  recommends  approval.    DPSIAR  indicates  that  they 
cannot determine why the applicant was not properly out-processed 

before  his  retirement  consummated.    The  applicant  has  notified 
DFAS of his divorce; therefore, DFAS has suspended the spouse’s 
portion  of  SBP  coverage  and  established  child  only  coverage.  
Nevertheless,  the  notification  of  divorce  does  not  void  the 
retroactive  SBP  premium  debt  of  approximately  $3,900  which  has 
accumulated since he was placed on the TDRL.   
 
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.   
 
The complete DPSIAR evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
When he was placed on the TDRL, he was never told nor did he have 
an  appointment  for  SBP  counseling.    He  never  authorized  SBP 
coverage  and  has  been  fighting  it  ever  since.    As  of  30  June 
2009, he has a son.  He wants his former spouse dropped from his 
SBP and is willing to pay for his son’s coverage since 30 June 
2009.  In addition, he would like any debt from his former wife’s 
coverage to be reversed along with any accumulated interest.  He 
would like to keep his son on SBP coverage since he is already 
enrolled for $15.06 per month.  He will pay back all payments on 
his  son  but  would  appreciate  the  interest  taken  off  because  of 
the unreasonable length of time this correction to his record has 
taken.  He has been fighting this for four years now.   
 
The applicant’s complete rebuttal, with attachment, is at Exhibit 
D.  
 
EXAMINER’S NOTE:  On 31 October 2012, the applicant clarified via 
telephone  contact  that  his  amended  request  (rebuttal  letter) 
should  not  be  considered  since  he  has  decided  to  leave  his 
original request unchanged.   
 
_________________________________________________________________ 
 
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  error  or  injustice.    Having 
carefully  reviewed  this  application,  we  agree  with  AFPC/DPSIAR 
that  since  there  is  a  possibility  of  Air  Force  error  in  this 
case;  the  applicant’s  record  should  be  corrected  to  reflect  he 
declined  SBP  coverage  effective  21  June  2008.    We  believe  the 
 

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evidence is sufficient to find it in the interest of justice to 
correct the record as indicated below.   
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
_________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 20 June 2008, 
he declined coverage under the Survivor Benefit Plan.   
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00286  in  Executive  Session  on  27  November  2012, 
under the provisions of AFI 36-2603: 
 

 
All  members  voted  to  correct  the  record  as  recommended.    The 
following documentary evidence for AFBCMR Docket Number BC-2012-
00286 was considered: 
 
 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 10 Feb 12, w/atchs. 
Exhibit B.  Letter, AFPC/DPSIAR, dated 22 Mar 12. 
Exhibit C.  Letter, SAF/MRBR, dated 2 Apr 12. 
Exhibit D.  Letter, Applicant, dated 22 Aug 12, w/atchs. 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 
 
 

 
 
 

 Panel Chair 
 Member 
 Member 

 

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