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
2
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
3
AF | BCMR | CY2012 | BC-2012-00432
The complete AFPC/DPSIAR evaluation is at Exhibit B. SAF/MRB Legal Advisor recommends denial of the applicants request as this case presents the Board with competing interests between the former spouse and the applicant. Given the competing interests and the absence of a valid, timely election, the Board should follow the long standing SAF/GCM guidance not to correct an existing record when "the result would be unfavorable to another person eligible to seek relief from the BCMR. The...
AF | BCMR | CY2008 | BC-2008-00426
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00426 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ __ APPLICANT REQUESTS THAT: His records be corrected to change his Survivor Benefit Plan (SBP) from spouse to former spouse coverage. _______________________________________________________________ __ APPLICANT CONTENDS THAT: In his current divorce...
AF | BCMR | CY2011 | BC-2010-02275
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. 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. The complete AFPC/DPSIAR evaluation is at Exhibit...
AF | BCMR | CY2010 | BC 2010 02805
The applicant provided a copy of his 6 March 2008 letter to DFAS in which he claims he had requested SBP coverage be established for his wife by the middle of June 2005. However, DFAS records contain no evidence he submitted a valid request to elect SBP coverage for his wife within the first year of marriage. DPSIAR indicates the applicants intentions to provide SBP coverage for his wife are clear and apparently sincere; however, specific and timely action is required to elect SBP...
AF | BCMR | CY2013 | BC-2012-02486
If the member fails to elect SBP coverage for an eligible beneficiary within the time prescribed by law, coverage may be provided only in the event Congress authorizes open enrollment. He failed to submit a valid request to elect SBP coverage on the applicant’s behalf within the time prescribed by law. It is the member’s right and responsibility to elect SBP coverage for a spouse acquired after retirement.
AF | BCMR | CY2010 | BC-2010-00221
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00221 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he was not married at the time he retired from the Air Force; and, to allow him to elect spouse coverage for his current wife under the Survivor Benefit Plan (SBP). In...
AF | BCMR | CY2012 | BC-2012-03938
DPSIAR forwarded these documents to DFAS-CL and requested her SBP record be adjusted to reflect child only coverage based on full retired pay under the SBP, retroactive to her 1 October 1996 retirement, stop spouse SBP premium and refund the difference in monthly premiums subject to the 6-year statute of limitations. Evidence has been provided that supports the applicant was not married and attempted to elect child only coverage prior to her 1 October 1996 retirement. ...
AF | BCMR | CY2012 | BC-2012-01043
We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate...
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 | CY2013 | BC-2012-02487
DFAS records reflect the applicant did not report the divorce until 22 February 2010, but at that time, the spouse’s portion of SBP coverage was retroactively suspended. On 2 August 2010, the applicant notified DFAS that he had a new child, but when he remarried on 23 September 2010, there was no evidence he properly terminated spouse coverage within the first year of their marriage. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree...