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AF | BCMR | CY2012 | BC-2012-05211
Original file (BC-2012-05211.txt) Auto-classification: Denied


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 applicant’s 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 applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force at 
Exhibit B.

________________________________________________________________
_

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.

________________________________________________________________
_

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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