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
3
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