RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03360
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His spouse and child coverage under the Survivor Benefit Plan
(SBP) be terminated.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He did not elect SBP coverage.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
was placed on the Temporary Disability Retired List (TDRL)
effective 29 August 2011.
The remaining relevant facts are contained in the letter
prepared by the Air Force office of primary responsibility (OPR)
at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. DPSIAR states that the Defense
Enrollment Eligibility Reporting System (DEERS) records show the
applicant was married and had eligible children prior to being
placed on the TDRL. He retired from Ramstein Air Base, Germany;
however, their office cannot determine why he did not complete
an SBP election prior to that date. Absent a valid election,
the Defense Finance and Accounting Service (DFAS) properly
established spouse and child coverage based on full retired pay
to comply with the law. The applicants wife provided a written
concurrence statement, in which she acknowledged permanently
terminating her entitlement to future SBP protection and
payments.
DPSIAR states that there is no evidence the applicant received
an SBP briefing or made an election prior to his retirement.
Subsequently, the applicant and his wife were provided
information and briefed on the options and effects of the SBP by
their office. Based on the possibility of an administrative
error, it would be appropriate to grant relief.
The complete DPSIAR evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 30 August 2012, for review and comment within 30
days (Exhibit C). As of this date, this office has received no
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. After
thoroughly reviewing the evidence in this case, we believe
favorable consideration of the applicants request is warranted.
We note the Air Force office of primary responsibility has
indicated that there is no evidence the applicant received an
SBP briefing or made an election prior to his retirement. We
also note the applicants spouse has provided a notarized
statement agreeing to permanently terminate her SBP entitlement.
Therefore, we recommend the members records be corrected to the
extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on 28
August 2011, he declined coverage under the Survivor Benefit
Program.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-03360 in Executive Session on 7 May 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2012-
03360 was considered:
Exhibit A. DD Form 149, dated 30 Jul 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 23 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
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AF | BCMR | CY2012 | BC-2012-00286
DPSIAR indicates that since there is a possibility of Air Force error in this case, they recommend the applicant’s record be corrected to reflect he declined SBP coverage effective 21 June 2008. He wants his former spouse dropped from his SBP and is willing to pay for his son’s coverage since 30 June 2009. The following documentary evidence for AFBCMR Docket Number BC-2012- 00286 was considered: Exhibit A. DD Form 149, dated 10 Feb 12, w/atchs.
AF | BCMR | CY2012 | BC-2012-00798
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. 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. His wife’s notarized signature on the DD Form 2656-2 is included with his rebuttal.
AF | BCMR | CY2012 | BC-2012-00146
A retiring member may change his SBP election up to the date of separation. The member elected spouse and child SBP coverage based on full retired pay on 16 Jun 2011. However, on 30 Nov 2011, one day prior to his 1 Dec 2011 retirement, he changed his election to decline SBP coverage and his wife concurred with his election.
AF | BCMR | CY2011 | BC-2011-02926
_________________________________________________________________ STATEMENT OF FACTS: The Defense Enrollment Eligibility Reporting System (DEERS) reflect the applicant married on 24 June 1994 and he made a valid SBP election for spouse and child coverage based on full retired pay, prior to being placed on the Permanent Disability Retirement List (PDRL) effective 18 April 2006. The applicant was provided a retirement pay estimate of $1,894 with a monthly cost estimate of $126 for full spouse...
AF | BCMR | CY2012 | BC-2012-01864
He agrees that he did not elect SBP coverage during open enrollment because he thought he had full coverage. In an e-mail communication on 15 May 2013, the applicant agrees to pay past premiums in order to be eligible to elect SBP coverage for a future spouse should he remarry. __________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that that...
AF | BCMR | CY2011 | BC-2011-01593
He was also briefed he could change it later, but was not informed that once he separated from the Air Force he could not remove his wife from SBP for two years. In support of his request, the applicant provides a copy of a signed letter from his wife. The applicant had time to change his election, with his wifes concurrence, prior to his retirement date.
AF | BCMR | CY2013 | BC-2012-02487
DFAS records reflect the applicant did not report the divorce until 22 February 2010, but at that time, the spouse’s portion of SBP coverage was retroactively suspended. On 2 August 2010, the applicant notified DFAS that he had a new child, but when he remarried on 23 September 2010, there was no evidence he properly terminated spouse coverage within the first year of their marriage. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree...
AF | BCMR | CY2012 | BC-2012-03780
The applicant declined the SBP coverage. A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that his medical condition was misdiagnosed and because of it, he was not prepared to make an informed decision at the time of his SBP briefing. A complete copy of the Applicants response is at Exhibit...
AF | BCMR | CY2012 | BC-2012-03655
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03655 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP). However, there was no evidence that either the applicant or the former spouse made an election to change spouse...
AF | BCMR | CY2010 | BC-2010-00088
___________________________________________________________________ APPLICANT CONTENDS THAT: She worked in the SBP office prior to her medical retirement when she filled out the SBP paperwork and sent it to her husband (who was in Army Basic Training at the time) for his concurrence. As of Apr 08, the SBP office had not received the DD Form 2656 signed by the applicants spouse. The DPSIAR complete evaluation is at Exhibit...