RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04670
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he declined coverage under the
Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He and his wife decided not to participate in the SBP program.
However, while completing the DD Form 2656, Data for Payment of
Retired Personnel, they were told by the counselor not to date
his wife signature because her signature could not be made prior
to his signature, and that the date of the notary public would
be used to prove the date his wife signed the form.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of
an error or an injustice. DPFF notes 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
concurrence must be signed, dated and notarized to be valid.
The Defense Finance and Accounting Service-Cleveland (DFAS-CL)
will upon receipt of an invalid election establish SBP coverage
at the maximum level for eligible beneficiaries to comply with
law. PL 105-85 provides for a one-year period beginning on the
25th month following commencement of retired pay, during which
the SBP participants may choose to voluntarily discontinue their
participation. In order for the service member to disenroll,
the service member has to submit a DD Form 2656-2, SBP
Termination Request to the DFASCL with the spouses notarized
consent. Withdrawals are effective the month following DAFS
CLs receipt of a valid request. A request is considered valid
if it postmarked no later than the service members third year
anniversary of receiving retired pay. If the retired service
member fails to exercise the disenrollment option during the
one-year eligibility period the SBP election is considered
permanent and is irrevocable as long as the beneficiary remains
eligible.
The applicant was briefed on the options and effects of the SBP,
and elected to decline SBP coverage prior to his 1 Apr 12
retirement. The election was deemed to be invalid due the
applicants wife failing to date her concurrence. Subsequently,
DFAS-CL established spouse and child coverage based on full
retired pay to comply with law.
DPFFF requested the applicant provide a notarized statement from
his wife relinquishing her entitlement to the SBP annuity. The
applicant failed to respond.
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 21 Dec 12, for review and comment within 30 days.
As of this date, no response has been received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient 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; 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. We note
that under the provisions of the laws that govern SBP, the
applicant will have an opportunity to terminate participation in
SBP beginning 1 Apr 14, provided he obtains his spouses written
concurrence. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04670 in Executive Session on 17 Jun 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 12, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 11 Dec 12.
Exhibit C. Letter, SAF/MRBR, dated 21 Dec 12.
Panel Chair
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