DOCKET NUMBER: BC-2012-01772
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
The automatic Survivor Benefit Plan (SBP) deductions from his
retirement pay be terminated and he be refunded the premiums paid.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to lack of proper counseling, while he declined SBP coverage
during his retirement processing, he incorrectly filled out item
26g of section IX and items 32a and b of section XII of DD Form
2656, Data for Payment of Retired Personnel. His wife concurred
with declining the SBP coverage.
He retired on 18 October 2011 and the SBP deductions from his
retirement pay began on 21 November 2011. He was unsuccessful
in resolving the issue over the telephone so he completed a
corrected DD Form 2656 and sent it to the Defense Finance and
Accounting Service (DFAS) office. DFAS replied and informed him
of the errors on his original DD Form 2656 and recommended he
submit an appeal for correction to the Air Force Board for
Correction of Military Records (AFBCMR).
In support of his request the applicant submits a personal
statement, copies of the original and corrected DD Forms 2656,
and a letter from DFAS dated 12 April 2012.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the Automated Records
Management System (ARMS), the applicant was relieved from his
Air National Guard assignment and was placed on the USAF Retired
Reserve Section on 4 August 1997. He was placed on the Reserve
Retired List effective 30 September 2011, the date of his
sixtieth birthday.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-RPB-JBJE/CL states the applicant signed the DD Form 2656 on
18 October 2011, declining the SBP. However, as he was declining
to cover his spouse, she was required to concur in such an
election. His spouse signed the concurrence on 17 October 2011.
The concurrence was signed before the applicant signed the
election rendering the election invalid; therefore, the applicant
was provided with automatic coverage.
The complete DFAS-RPB-JBJE/CL evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 7 August 2012 for review and comment within 30 days
(Exhibit D). To date, this office has not received a response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
relief. After thoroughly reviewing the evidence in this case,
we are persuaded it was the applicant’s and his spouse’s intent
to decline SBP upon his retirement. In this respect, we note
the applicant elected not to participate in SBP on the DD Form
2656 and his spouse concurred with this election albeit on a
different date. However, we find this to be merely an oversight
and do not believe this merits denial of his request.
Therefore, we recommend the applicant’s records be corrected as
indicated below:
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
18 October 2011, he declined Survivor Benefit Plan (SBP)
coverage, and his spouse concurred with his decision.
________________________________________________________________
, Panel Chair
, Member
, Member
The following members of the Board considered this application
BC-2012-01772 in Executive Session on 19 December 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 19 April 2012.
Exhibit B. Applicant’s Master Personnel Record
Exhibit C. Letter, DFAS-RPB-JBJE/CL, dtd 19 July 2012,
Exhibit D. Letter, SAF/MRBR, dated 7 August 2012.
Panel Chair
w/atchs.
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