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AF | BCMR | CY2012 | BC-2012-01772
Original file (BC-2012-01772.pdf) Auto-classification: Approved
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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