RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04470
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he elected child only coverage
under the Survivor Benefit Plan (SBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When completing his SBP documents prior to retirement, he was
allowed to make pen and ink corrections to the election form.
Subsequently, DFAS or whomever the approving authority is
determined that his elections were unclear on the form -
ultimately making the determination that he declined SBP. His
desire is to elect coverage for his special needs dependent.
His child will never be able to live independently or care for
herself and in the event of his demise, will need income to
ensure adequate care is provided.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force at
Exhibit B.
________________________________________________________________
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AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. 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. His record should further be corrected
to reflect his daughter (date of birth: 23 August 1995) is
permanently incapable of self-support.
The applicant was married with eligible children when he retired
effective 1 March 2011. He was briefed on the options and
effects of the SBP by the Schriever AFB CO, SBP counselor,
completed an election, and his wife concurred in his election.
However, due to an administrative oversight, the applicant
erroneously marked both items 26c (child only) and 26g
(declined), used to indicate beneficiary categories,
invalidating the election. Absent a valid election, DFAS-CL
should have established full spouse and child coverage to comply
with the law. Instead, the applicants record was erroneously
updated to reflect he declined SBP coverage.
The applicants wife provided a new concurrence statement, in
which she acknowledged the permanent termination of her
entitlement to future SBP protection and payments if relief is
granted. Since there is a possibility of an administrative
error, it would be appropriate to grant relief. Unfortunately,
our authority to correct administrative errors under Title 10
USC Section 1454 has expired.
The DPFFF complete evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 November 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was 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. We took
notice of the applicants complete submission in judging the
merits of the case and agree with the recommendation of
AFPC/DPFFF. We note that the applicants spouse provided a
concurrence statement, acknowledging permanent termination of
her entitlement to future SBP. As such, we believe the evidence
is sufficient to find it in the interest of justice to correct
the record. 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 incapable of self-support and, on 1
March 2011, he elected child only Survivor Benefit Plan coverage
based on full retired pay.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-04470 in Executive Session on 17 June 2013, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary was considered:
Exhibit A. DD Form 149, dated 24 September 2012, w/atch.
Exhibit B. Letter, AFPC/DPFFF, dated 31 October 2012,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 9 November 2012.
AF | BCMR | CY2013 | BC 2013 02340
________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement, he elected child only coverage for his disabled child. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends granting the requested relief in the interest of justice. In addition if the service member elected child coverage in conjunction with an election for spouse, or elects child only coverage, the SBP annuity may...
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-2012-04195
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. However, on 31 March 2011, the day prior to the effective date of his retirement, the applicant submitted an SBP election change to decline...
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 04695
Another dependent child was born on 4 December 1981 after the decedents retirement. DPFFF states there is no evidence of Air Force error; however, to preclude an injustice, they recommend the record be corrected. The members record should be corrected to reflect he elected spouse and child coverage based on full retired pay effective 1 August 1980, and his son is permanently incapable of self- support.
AF | BCMR | CY2012 | BC-2012-04817
Additionally, AFPC/DPFFF has also confirmed this was a systemic problem as members who retired prior to 2000 were not routinely counseled on the negative impact caused by SBP annuity payments for disabled children who are entitled to other federal and state disability benefits. Based on the aforementioned, the Board recommends the applicants records be corrected as indicated below. Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12.
AF | BCMR | CY2013 | BC 2013 03370
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03370 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he declined coverage under the Survivor Benefit Plan (SBP). 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...
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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 05461
APPLICANT CONTENDS THAT: At the time of her husbands retirement in June 1988, she was not informed of her survivor benefit rights as a spouse. Microfiche records produced by the Air Force Accounting and Finance Center (AFAFC) from July 1989 reflect the decedent declined SBP coverage with the applicant's concurrence prior to his 1 July 1988 retirement. Even though the applicant claims she was not provided an SBP election to sign and was not informed of the members election, finance...
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She changed her election and completed a "Corrected Copy" DD Form 2656, Data for Payment of Retired Personnel, to decline SBP coverage. However, her husband's concurrence was dated after her retirement date, invalidating the election. 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 Jan 13, she elected to decline coverage under the Survivor Benefit Plan and her spouse concurred in her election.