RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03370
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:
At the time of his medical retirement, he did not receive an SBP
briefing; nor was he provided an opportunity to decline SBP.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The 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 C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends granting the requested to preclude a
possible 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 Office Assistant Secretary of
Defense (OASD) required the Services to have the spouse
concurrence statement witnessed by a notary public. In the
event of an administrative error in an election, AFPC/DPFFF has
the authority to correct an the error as long as documentation
was obtained to confirm the spouse understood the effects of
concurring with an SBP election that did not provide the maximum
level of coverage. The correction must be made no more than
three months after the date the error occurred.
According to the Defense Enrollment Eligibility Reporting System
(DEERS), the applicant was married with dependent children prior
to his placement on the permanent disability retired list (PDRL)
on 29 Aug 12. AFPC/DPFFF cannot determine why the applicant did
not complete an SBP election prior to his placement on the PDRL.
The Defense Finance and Accounting Service Cleveland Center
(DFAS-CL) cannot establish SBP without a valid election. The
applicants spouse provided a written concurrence, acknowledging
she is permanently relinquishing her entitlement to future SBP
protection and payments.
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 31 Oct 13 for review and comment within 30 days
(Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
thoroughly reviewing the documentation submitted with this
appeal, we find the evidence is sufficient for us to recommend,
in the interest of justice, that the applicants record be
corrected. In that regard, we note that it appears the
applicant did not receive the required briefing on the SBP prior
to his retirement. Therefore, taking into consideration the
opinion and recommendation of the Air Force office of primary
responsibility, 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 to the APPLICANT be corrected to show that on
29 Aug 12, he declined coverage under the Survivor Benefit Plan,
and his spouse concurred in his decision.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03370 in Executive Session on 25 Apr 14, 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 10 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 26 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 13.
Panel Chair
AFBCMR BC-2013-03370
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code, it is directed that:
The pertinent military records of the Department of the Air Force relating to , be
corrected to show that on 28 August 2012, he declined to elect coverage under the Survivor
Benefit Plan, and his spouse concurred in his decision.
Director
Air Force Review Boards Agency
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