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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was not properly counseled and assisted in filling out
the DD Form 2656. His servicing Force Support Squadron (FSS)
failed to inform him of the importance of the form prior to
sending it to the Defense Finance and Accounting Service (DFAS).
2. The FSS, instructed him to find the form on the internet,
fill it out and fax it to DFAS. He was provided the wrong fax
number and spent several days trying to locate the correct
number.
3. Since his spouse was in another state she did not complete
her portion of the form. He completed the form by himself and
inadvertently put the wrong date in Section XI, Certification
for himself and his witness. According to DFAS, the military
personnel section (retirements) was required to counsel him on
the form and witness his signature.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Aug 12, the applicant was relieved from active duty and
placed on the Temporary Disability Retired List (TDRL),
effective 29 Aug 12.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. DPFFF states that the applicant
completed an election to decline SBP coverage; however, his
wifes concurrence was dated prior to the date of his signature,
invalidating the election. Absent a valid election, DFAS-CL
established spouse and child coverage based on full retired pay
to comply with the law. The applicants wife provided an
additional concurrence statement, in which she acknowledged the
permanent termination of her entitlement to future SBP
protection and payments if relief is granted.
While the applicant was properly briefed on the options and
effects of the SBP, his original SBP election was invalidated by
an error that was administrative in nature.
DPFFF states to preclude an injustice, the applicants record
should be corrected to show he declined SBP coverage and his
wife concurred in his election effective 29 Aug 12.
The complete DPFFF evaluation is at Exhibit C.
_________________________________________________________________
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Apr 13, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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 an injustice. We note AFPC/DPFFF
recommends his records be corrected to reflect he declined SBP
coverage and his spouse concurred with the election effective
29 Aug 12. However, elections to participate in the SBP
programs are generally made at the time of retirement;
therefore, we recommend his records be corrected to show that on
28 August 12, he declined SBP coverage and his spouse concurred
with this election. Accordingly, we recommend the applicants
records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating APPLICANT be corrected to show that on 28 August
2012, he declined Survivor Benefit Plan (SBP) coverage and his
spouse concurred with the election.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04957 in Executive Session on 17 Jun 13, 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 18 Oct 12, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPFFF, dated 22 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13.
Panel Chair
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