RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02670
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:
His wifes notarized signature was dated prior to his and the
Casualty Representatives signature. He was not informed that
dating the form after his spouse would invalidate the election.
In support of his appeal, the applicant provides a copy of
retirement order, DD Form 2656, Data for Payment of Retired
Personnel, and other documents relating to this matter.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former service member who retired on
1 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 attached at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of
an error or an injustice. 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. 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. However,
the election was deemed to be invalid because his wifes
concurrence was dated prior to the date of his signature.
Subsequently, DFAS-CL established spouse and child coverage
based on full retired pay 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. DPFFF requested the applicant provide a notarized
statement from his wife relinquishing her entitlement to the SBP
annuity. However, he 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 23 Aug 13, for review and comment 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 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 Aug 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-2013-02670 in Executive Session on 25 Mar 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 13, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 24 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 23 Aug 13.
Panel Chair
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