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AF | BCMR | CY2012 | BC-2012-01308
Original file (BC-2012-01308.pdf) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
DOCKET NUMBER: BC-2012-01308 
IN THE MATTER OF: 
COUNSEL: NONE 
    
HEARING DESIRED: NOT INDICATED 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  The  Survivor  Benefit  Plan  (SBP)  annuity  election  currently 
reflected  on  her  military  retired  pay  account  be  changed  from 
“Spouse only” to “Declination.” 
 
2.  SBP  premiums  previously  withheld  from  her  retired  pay 
account be refunded to her. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She did not elect SBP coverage and was not aware that money was 
being  deducted  from  her  retired  pay  until  she  received  her 
retiree account statement for 2011. 
 
In  support  of  her  request  the  applicant  provides  a  personal 
statement, copies of her Retiree Account Statement, and various 
other documents in support of her request.  
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  7  Jan  2005,  the  applicant  retired  from  the  Air  Force 
Reserves in the rank of lieutenant colonel (Lt Col, O-5). 
 
The  remaining  relevant  facts  pertaining  to  this  application, 
extracted from the applicant's available military records, are 
contained  in  the  letter  prepared  by  the  appropriate  Office  of 
Primary Responsibility (OPR).  Accordingly, there is no need to 
recite these facts in this Record of Proceedings. 
 
________________________________________________________________ 
 

 
AIR FORCE EVALUATION: 
 
DFAS-JBJE/CL  states  the  applicant’s  retired  pay  account  was 
incorrectly established on 27 Jan 2005 after she submitted the 
DD  Form  2656,  Data  for  Payment  of  Retired  Personnel.    The  DD 
Form  2656  completed  by  the  applicant  and  her  spouse  is 
considered  invalid  since  the  applicant  signed  the  form  after 
her spouse. 
 
JBJE/CL  has  taken  proper  action  based  on  the  invalid  DD  Form 
2656  that  was  submitted  by  the  retiree.    If  the  Board 
determines  that  corrective  action  is  required  to  correct  the 
record to show that the spouse signed concurrence prior to the 
applicant’s signature, DFAS will terminate the SBP coverage and 
provide a refund of SBP premiums withheld.  Since the original 
election date of the SBP is her retirement date, if it is the 
intention of the Board to provide a refund of all SBP premiums 
withheld from 1 Feb 2005, the Board's recommendation must state 
this; otherwise, by law, DFAS is only authorized to refund six 
years of SBP premiums withheld. 
 
The complete JBJE/CL evaluation, with attachment, is at Exhibit 
B. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 30 Aug 2012, a copy of the DFAS evaluation was forwarded to 
the member for review and comment within 30 days.  To date, a 
response has not been received (Exhibit C). 
 
________________________________________________________________ 
 
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  an  error  or  injustice.    In  this 
respect  we  note  that  DFAS  stated  the  applicant’s  retired  pay 
account  was  incorrectly  established  on  27  Jan  2005  after  she 
submitted  the  DD  Form  2656.    Therefore,  we  agree  with  DFAS’s 
recommendation that the applicant’s records should be corrected 
to  terminate  the  SBP  coverage  and  provide  a  refund  of  SBP 
premiums  withheld.    Accordingly,  we  recommend  the  applicant’s 
records be corrected as set forth below. 
 
________________________________________________________________ 
 
 

 

2

a.  On 1 Feb 2005, she declined coverage under the SBP, and 

 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force relating to APPLICANT, be corrected to show that: 
 
 
her spouse concurred in her decision. 
 
b.  She  be  authorized  full  reimbursement  of  all  SBP 
 
premiums withheld from her retired pay account since 1 Feb 2005. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  this  application 
in Executive Session on 27 Nov 2012, under the provisions of AFI 
36-2603: 
 
 
 
 
All  members  voted  to  correct  the  record  as  recommended.    The 
following documentary evidence was considered in AFBCMR BC-2012-
01308: 
 
    Exhibit A.  DD Form 149, dated 9 Apr 2012, w/atchs. 
    Exhibit B.  Letter, DFAS-JBJE/CL, dated 28 Aug 2012, w/atch. 
    Exhibit C.  Letter, SAF/MRBR, dated 30 Aug 2012. 
 
 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

  
Panel Chair 

 
 

 
 

 
 

  
  

 
 

 
 

 

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