RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04938
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he disenrolled from the
Survivor Benefit Plan (SBP) on 21 Jan 11.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He intended to withdraw from the SBP on the 25th month after his
21 Jan 09 retirement, but due to many unforeseen life
circumstances, he missed his window of opportunity to apply for
withdrawal. In Nov 10, he moved into a new home so packing,
moving, and selling his old house caused a delay. In Dec 10, he
seriously injured his leg, which required surgery on 1 Feb 11 and
his recuperation from surgery took many months. On 10 Feb 11,
his grandson was born with Gastroschesis that required surgery
and was in neonatal intensive care for one and a half months. On
the same day his grandson was born, his oldest daughter was
diagnosed with stage four cancer. In May 11, his mother-in-law
died unexpectedly. In the summer of 2011, he had to sell his
mothers house in New York which was very time consuming. His
mother is now under hospice care. Finally, later in 2011, he was
still experiencing health problems and was recommended for
surgery on his right hip.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary
responsibility which is included at Exhibit C. Therefore, there
is no need to recite these facts in this record of proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JBJE/CL recommends denial, indicating the applicant did not
submit his request in a timely manner and, in accordance with the
law, they cannot terminate his SBP at this time. In order to
terminate his SBP, they would have needed to receive the
applicants DD Form 2656-2, Survivor Benefit Plan Termination
Request, between 21 Jan 11 and 20 Jan 12. Section 641 of Public
Law 105-85 provides for a one-year period, beginning on the
second anniversary of the date of commencement of retired pay,
during which SBP participants may choose to voluntarily
discontinue their participation in SBP. The applicant admitted
on his application that he did not submit his termination request
during the one-year window.
A complete copy of the DFAS-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 11 Jan 13 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. While the
applicant contends a series of unfortunate significant personal
struggles caused him to forget to submit a request to terminate
his Survivor Benefit Plan (SBP) coverage, we do not find the
documentation presented sufficient to conclude that his
predicament was caused by anything other than a lack of due
diligence on his part. In this respect, we note the applicant
has provided copies of documents related only to his surgery and
follow-on recuperation from an injury to his leg; however, other
than his own assertions, he has provided no evidence whatsoever
that would substantiate the many other purported circumstances
that he indicates renders him the victim of an injustice.
Therefore, we do not find the documentation provided sufficient
to conclude the applicants personal circumstances somehow
precluded him from making his election to terminate his SBP
coverage in the one-year period he had to do so. Therefore, we
find no basis to recommend granting the requested relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2012-04938 in Executive Session on 31 July 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-JBJE/CL, dated 6 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
AF | BCMR | CY2012 | BC-2012-05211
Therefore, if the applicant would still like to withdraw from SBP, he can do so starting with the 25th month through the 36th month after his first eligibility to receive retired pay. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 January 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). Exhibit C. Letter, SAF/MRBR, dated 21 January 2013.
AF | BCMR | CY2014 | BC 2014 01224
In a letter dated 30 Jan 14, DFAS advised the applicant they were unable to process his request for SBP coverage for his current spouse. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: DFAS believes that Because it is not expressly permitted by the SBP statute, such a change is not permitted. Further DFAS states, In particular DOD OGC has previously determined that 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2012 | BC-2012-01308
________________________________________________________________ AIR FORCE EVALUATION: DFAS-JBJE/CL states the applicant’s retired pay account was incorrectly established on 27 Jan 2005 after she submitted the DD Form 2656, Data for Payment of Retired Personnel. Since the original election date of the SBP is her retirement date, if it is the intention of the Board to provide a refund of all SBP premiums withheld from 1 Feb 2005, the Board's recommendation must state this; otherwise, by law,...
AF | BCMR | CY2012 | BC-2012-01772
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. 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. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-RPB-JBJE/CL states the applicant signed the DD Form 2656...
Upon his retirement with pay as a reserve member in October 1991, no deductions were established from his RAT. _________________________________________________________________ AIR FORCE EVALUATION: Retired Pay Operations, DFAS-CL/FRAB, reviewed this application and states that unless the member requests correction to show that he never elected RCSBP coverage, no action can be taken by the Board in this matter. _________________________________________________________________ The following...
AF | BCMR | CY2014 | BC 2014 03039
AIR FORCE EVALUATION: DFAS-JBJE/CL states according to law they cannot recommend the applicants record be changed as requested. The applicant had former spouse SBP coverage. 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...
AF | BCMR | CY2014 | BC 2014 01931
When his former spouse died, he has letters from DFAS informing him, when there is no eligible spouse beneficiary (which he believes is the case because his former spouse is not alive to be a beneficiary), the law provides the following options (1) Resume coverage with annuity and cost amounts increased by applicable cost-of-living increases; (2) Increase coverage up to and including your full retired pay; or, (3) Elect not to have the spouse portion of coverage resumed. For a brief...
AF | BCMR | CY2005 | BC-2005-01269
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 01269 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 OCTOBER 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to terminate his spouse only coverage under the Survivor Benefit Plan (SBP) retroactive to the date of his Civil Service (CS) retirement (24 May 1973). PL 92-425,...
AF | BCMR | CY2013 | BC 2013 03485
Therefore, 100 percent of the applicants monthly SBP annuity payments goes towards the indebtedness; once the debt is paid in full, the former spouse will begin receiving monthly SBP annuity payments. The complete DFAS evaluation is at Exhibit B. ________________________________________________________________ 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...
AF | BCMR | CY2014 | BC 2014 01197
He initiated a change to add his current spouse to his SBP as the beneficiary, but was denied. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JBJE/CL recommends denial indicating there is no evidence of an error or an injustice. There is no evidence the applicant sought to change his former spouse coverage to spouse...