RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05211
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to terminate spouse and child coverage under the
Survivor Benefit Plan (SBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
During his medical retirement out-processing - he was never
given the opportunity to elect or decline SBP.
In support of the applicants appeal he provides a copy of
AF Form 356, Findings and Recommended Disposition of USAF
Physical Evaluation Board and Special Order No. ACD-02913.
The applicant's complete submission, with attachments, 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:
DFAS-CL recommends denial. DFAS states Section 641, 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. 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. The applicant can choose to withdraw from
SBP on 29 July 2014 through 28 July 2015. He will need to
submit a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination
Request, to the Defense Finance and Accounting Service during
this one-year window. A DD Form 2656-2 is enclosed.
The complete DFAS evaluation, with attachment, is at Exhibit B.
________________________________________________________________
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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). 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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale that the applicant can avail himself to
withdraw from SBP on 29 July 2014 through 28 July 2015.
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 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-2012-05211 in Executive Session on 20 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 November 2012, w/atchs.
Exhibit B. Letter, DFAS-JBJE/CL, dated 11 January 2013,
w/atch.
Exhibit C. Letter, SAF/MRBR, dated 21 January 2013.
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DFAS indicates that according to the law, they cannot discontinue the applicants SBP coverage. The evidence indicates the applicant did not make an SBP election by completing a DD Form 2656 prior to his retirement; therefore, since he was married at the time of his retirement, automatic coverage was established. Exhibit C. Letter, SAF/MRBR, dated 2 May 14.
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_________________________________________________________________ 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. 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...
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________________________________________________________________ _ APPLICANT CONTENDS THAT: Upon his divorce, the Defense Finance and Accounting Service (DFAS) advised him to fax a copy of his original divorce decree and a completed copy of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. On 11 January 2013, DFAS received a DD Form 2656-1 from the applicant requesting to change his SBP election, due to divorce, from spouse and child coverage to...
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He was provided automatic coverage since the DD Form 2625 was signed and dated after his retirement date. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. THE BOARD DETERMINES THAT: The applicant be notified the evidence...
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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.
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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...
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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-2012-04527
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04527 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to terminate spouse coverage under the Survivor Benefit Plan (SBP). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office...
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With regard to the applicants attempt to change his SBP election to a reduced level of coverage after his retirement date; item R(1) of the SBP Report of Individual Person (RIP) clearly states the DD Form 2656, Data for Payment of Retired Personnel, must be completed and provided to the SBP Counselor prior to his retirement date. The applicant's signature in Section XI, Item 30a, of the DD Form 2656 also indicates acknowledgment he received counseling that he could terminate SBP...