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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