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AF | BCMR | CY2012 | BC-2012-00798
Original file (BC-2012-00798.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 

 

 
 

DOCKET NUMBER:  BC-2012-00798 
COUNSEL: NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF:   
      
 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His  record  be  corrected  to  allow  him  to  terminate  spouse  and 
child coverage under the Survivor Benefit Plan (SBP).   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He was not briefed that his option to withdraw from SBP was still 
in effect while he was recalled to active duty.   
 
In support of his appeal, the applicant provides a copy of his DD 
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request.   
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
Prior to his 1 June 2008 retirement, the applicant made an SBP 
election for spouse and child SBP coverage based on full retired 
pay.    Although  not  required,  his  wife  concurred  with  the 
election.  He was recalled to active duty on 20 February 2010, 
and  SBP  premiums  were  suspended.    During  his  period  of  recall, 
the applicant’s wife and children were covered by the active duty 
death provision under Title 10, United States Code (USC), Section 
1448(d).  The applicant reverted to retired status on 20 February 
2012 and the SBP election he made prior to retiring resumed.   
 
The  remaining  relevant  facts  extracted  from  the  applicant 
military service records, are contained in the letter prepared by 
the Air Force office of primary responsibility at Exhibit C.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR recommends denial.  DPSIAR states the applicant was 
properly  briefed  on  the  options  and  effects  of  the  SBP  by  the 
Dyess Air Force Base SBP counselor prior to retirement, including 
the  disenrollment  provision.    The  applicant  could  have 
disenrolled with his wife’s written concurrence, beginning 1 June 
2010 as authorized by Public Law 105-85.  There is no provision 
in  the  law  that  allows  the  one-year  disenrollment  period  to  be 

extended  or  suspended  because  a  member  is  recalled  to  active 
duty.    There  is  no  evidence  the  applicant  submitted  a  DD  Form 
26456-2 after June 2010 and before June 2011.   
 
DPSIAR  indicates  there  is  no  error  or  injustice  in  this  case.  
Providing  the  applicant  additional  time  to  terminate  his  SBP 
coverage  would  be  inequitable  to  other  retirees  in  similar 
situations, and is not justified by the facts.  In the event of 
his death, his wife is entitled to receive monthly SBP payments 
of approximately $2,054.   
 
The complete DPSIAR evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He understands that arbitrary withdrawal from SBP is unacceptable 
and  would  set  an  extremely  poor  precedent  for  others  in  the 
program; however, in his circumstances, he does not perceive his 
request is arbitrary.  Instead, his application directly coincides 
with the end of his Air Force career as reflected on his DD Form 
214, Certificate of Release or Discharge from Active Duty.  At the 
time  of  his  January  2012  request  he  submitted  a  DD  Form  2656-2, 
with both his and his wife’s signatures.  He was unaware it had to 
be notarized. Therefore, it is apparently considered not received 
either due to the lack of notarization or late date.   
 
He  and  his  wife  have  discussed  this  matter  and  neither  of  them 
believe continuance in the program is in their best interest.  His 
wife’s notarized signature on the DD Form 2656-2 is included with 
his rebuttal. 
 
The applicant’s complete rebuttal, with attachment, is at Exhibit 
E.   
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
 
2.  The application was timely filed. 
 
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. 
 
 

2

 
_________________________________________________________________ 
 
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  AFBCMR  Docket 
Number  BC-2012-00798  in  Executive  Session  on  15  August  2012, 
under the provisions of AFI 36-2603: 
 

 
 
 

  Panel Chair 
  Member 
  Member 

 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00798 was considered: 
 

Exhibit A.  DD Form 149, dated 26 Jan 12, w/atch. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSIAR, dated 23 Mar 12 
Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 12.  
Exhibit E.  Letter, Applicant, dated 17 Apr 12.  

 
 
 
 
 
 

 
 

  
  

 
 

 
 

 
 

 
 

 
 

  
Panel Chair 

3



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