RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04195
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined Survivor Benefit
Plan (SBP) coverage for his spouse and son.
________________________________________________________________
APPLICANT CONTENDS THAT:
He initially elected spouse and child coverage under the SBP,
but he and his spouse subsequently changed their minds and
timely notified Defense Finance and Accounting Service (DFAS) of
his election to decline SBP coverage before he retired.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 31 March 2011, the applicant was relieved from active duty
and retired, effective 1 April 2011, and was credited with
24 years, 8 months, and 8 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), with is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval due to the possibility of an
administrative error. The applicant elected spouse and child
SBP coverage based on full retired pay on 29 March 2011.
However, on 31 March 2011, the day prior to the effective date
of his retirement, the applicant submitted an SBP election
change to decline SBP coverage and his wife concurred in his
election. Although, he declined coverage, DFAS honored his
initial election for spouse and child SBP coverage and SBP
premiums were deducted from the applicants retired pay. The
applicant has not provided an explanation as to why it took over
a year to submit his request for correction. It was clearly his
intent to decline coverage as evidenced by his subsequent
election. Therefore, to preclude an injustice, the applicants
record should be corrected to show he declined SBP coverage and
his wife concurred in his election.
A complete copy of the AFPC/DPFFF 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 27 September 2012 for review and comment within 30
days. As of this date, no response has been received by this
office (Exhibit D).
________________________________________________________________
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 an error or injustice to warrant
corrective action. We took notice of the applicants complete
submission in judging the merits of the case and agree with the
opinion and recommendation of the Air Force office of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion that the applicant was the victim of an error or
injustice. Therefore, we recommend that the records be
corrected as 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
31 March 2011, he declined coverage under the Survivor Benefit
Plan (SBP) and his spouse concurred in the election.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04195 in Executive Session on 17 June 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 September 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 23 October 2012.
Exhibit D. Letter, SAF/MRBR, dated 27 September 2012.
Panel Chair
AF | BCMR | CY2012 | BC-2012-04470
DPFFF states to preclude an injustice the applicants record should be corrected to show he elected child only SBP coverage based on full retired pay effective 1 March 2011. Therefore, we recommend that the 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 his DAUGHTER, is permanently...
AF | BCMR | CY2012 | BC-2012-04957
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04957 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 2656, Data for Payment of Retired Personnel, be corrected to reflect he declined the Survivor Benefit Plan (SBP) and his spouse concurred. DPFFF states that the applicant completed an election to decline SBP coverage; however, his wifes...
AF | BCMR | CY2012 | BC-2012-04670
The concurrence must be signed, dated and notarized to be valid. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant is not the victim of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2013 | BC 2013 05896
Also, there is no evidence DFAS received a request from the applicant deeming a SBP election during the first year following the divorce. Subsequently, on 14 September 2012, a second DD Form 2656-10 was forwarded to DFAS; however, DFAS did not honor the applicants request because the 16 June 2011 court order was dated after the members retirement date. The member elected SBP coverage for his former spouse a month prior to establishing SBP coverage for his current spouse.
AF | BCMR | CY2012 | BC-2012-04227
After thoroughly reviewing the circumstances of this case, the Board notes that the Air Force office of primary responsibility (OPR) indicated that following their divorce the applicant did not request that his former spouse be removed as his SBP beneficiary and monthly premiums continue to be deducted from his retired pay. Accordingly, we recommend the applicants records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2013 | BC 2012 05512
The Defense Enrollment Eligibility Reporting System (DEERS) records reflect the applicant remarried on 29 Aug 1998; however, he failed to submit a valid SBP election within the first year of their marriage. The instruction indicates no penalty for failing to enroll all subsequent spouses after retirement. _______________________________________________________________ The following members of the Board considered this application in Executive Session on 29 Aug 2013, under the provisions of...
AF | BCMR | CY2013 | BC 2013 04366
However, if the Boards decision is to grant relief, the applicants records should be corrected to show that on 16 Jan 10, he elected not to resume SBP spouse coverage. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that that the application will only be reconsidered upon the submission of newly discovered relevant evidence not...
AF | BCMR | CY2012 | BC-2012-04943
The parties divorced on 5 Jun 98, and in the Child Custody Marital Dissolution Agreement, incorporated in the divorce decree, the member agreed the applicant would receive survivor benefits from his military retirement. There is no evidence of Air Force error, and absent a competing claimant, we recommend the member's record be corrected to reflect that he elected to change SBP spouse to former spouse coverage based on full retired pay and named the applicant as the eligible former spouse...
AF | BCMR | CY2013 | BC 2013 02670
Public Law (PL) 99-145 requires spouses of married service members to concur in writing, prior to the service members retirement in SBP elections that provide less than full spouse coverage. The applicant was briefed on the options and effects of the SBP, and elected to decline SBP coverage prior to his 1 Aug 12 retirement. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 13.
AF | BCMR | CY2013 | BC 2013 00416
________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. Public Law (PL) 99-145 allows for a participant, with suspended spouse coverage, to elect not to resume coverage for a subsequently acquired spouse. The SBP premiums were suspended in Jul 93.