RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04369
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Survivor Benefit Plan (SBP) election be corrected to reflect
that she declined spouse coverage.
APPLICANT CONTENDS THAT:
Her spouse signed the SBP paperwork to decline SBP coverage;
however, his signature was not notarized until a couple of days
after her retirement.
The SBP payments are creating a financial hardship.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Jan 89, the applicant entered the Regular Air Force.
On 31 Jan 13, the applicant retired from active duty. She was
credited with 24 years and 1 day of active duty service.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval, indicating the applicant's
record should be corrected to show, effective 1 Feb 13, she
declined SBP coverage and her husband concurred in her election.
On 4 Oct 12, the applicant was briefed on the options and
effects of the SBP by the Travis AFB SBP counselor, and
completed an election for spouse only SBP coverage based on full
retired pay.
At the time of her retirement, on 31 Jan 13, she was married
with eligible dependent children. She changed her election and
completed a "Corrected Copy" DD Form 2656, Data for Payment of
Retired Personnel, to decline SBP coverage. However, her
husband's concurrence was dated after her retirement date,
invalidating the election. Consequently, Defense Finance and
Accounting Service Cleveland (DFAS-CL) honored her original
election, dated 4 Oct 12, and established spouse only coverage
based on full retired pay. In the event of the applicant's
death, her husband is entitled to SBP payments of approximately
$1,499.00 per month.
DPFFF notes the applicant provides no explanation as to why it
took almost eight months to submit her request for correction.
However, her husband provides a concurrence statement, in which
he acknowledged the permanent termination of his entitlement to
future SBP protection and payments if relief is granted.
The complete 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 6 Dec 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 error or injustice warranting
corrective action. Having carefully reviewed this application,
we agree with the opinion of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our decision that the applicant has been the victim of
either an error or an injustice. We note that DPFFF recommends
the record be corrected to reflect that she declined SBP on
1 Feb 13. However, given the election has to be made prior to
her retirement date, we recommend it be changed to
31 Jan 13. Accordingly, we recommend the applicants record 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
31 Jan 13, she elected to decline coverage under the Survivor
Benefit Plan and her spouse concurred in her election.
The following members of the Board considered AFBCMR Docket
Number BC-2013-04369 in Executive Session on 22 Nov 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 13 Aug 13, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 19 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 13.
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